'r KFP 432!a3 "iMr"** "*"^ *^"Wimiiii!i.i&.te,.ie'»''''9 to coun 3 1924 024 705 208 (SnrnrU ^£m ^rl|onl ICibtarg Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024705208 Bulletin No. 20 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE REFERENCE BUREAU JAMES N. MOORE, Director A Compilation of the Laws relating to Counties and County Officers By 3. EDWARD HANNESTAD Compiler COUNM I- (if 0€k^ (2) PREFACE The present bulletin is one of a series prepared by the Legislative Reference Bui'eau.with a view to making readily available in com- pact form the statutory laws of the Commonwealth on particular subjects of general interest to the citizens at large. The need for a work"of this kind on the subject of counties and county officers is obvious. The county is perhaps the most important political division of pur local government. No compilation of the acts pertaining to it has heretofore been attempted. The only form in which they are at present available is under a dozen or more dif- ferent headings in the digests, and among the innumerable acts in the pamphlet laws, where no clew is to be had as to their present status. The subject is admittedly a broad one. If all the activities with which a county and its officers are concerned were to be treated in a publication, it would be safe to say that more than half the laws of the Commonwealth would necessarily be included. It therefore became necessary to limit the present work to general laws relating to the establishment and government of counties, and to the powers, duties, rights, liabilities and obligations pertaining to the county itself and to county officers in the performance of their duties for the county. A detailed statement of the subjects excluded will be found in the scope note preceding chapter one of the text. Much doubt still exists on the subject of the classification of coun- ties. Classification has generally been allowed by the courts only where the class is of counties above a given population ; this on the theory that all the counties of the State may, by increase of popula- tion, come within the class, but in the case of the exclusion of counties above a given population, it can not be conceived that these counties can ever com_e within the class. The practice has, never- theless, grown up to legislate for counties by classes other than those approved by the courts. The acts doing so, although obviously un- constitutional, are not tested for the reason that there is a real neces- sity for such classification. All further complication along these lines will probably be avoided by the Act of July 10, 1919, P. L. 887, which definitely divides the counties of the State into eight classes. It is also probable that some constitutional provision will be adopted with this end in view. (3) In preparing this compilation, the acts of assembly have been pub- lished in the exact language as they appear in the pamphlet laws. Each section is followed by the citation thereof and by such annota- tions and comments as may be of value in clarifying its reading, and in determining its present effect. No attempt has been made to make the annotations complete. We shall appreciate if the reader will call our attention to any errors or omissions. JAMES N. MOORE, Director, Legislative Reference Bureau. Harrisburg, Pa., March 1, 1920. TABLE OF CONTENTS Sec. Chapter I. Division of the State into counties. Classification, 1-6 Chapter II. New counties, 7-9 Chapter III. County lines and boundaries and annexation of ter- , ritory 10-25 (a) Fixing and relocating lines and bound- aries by commissioners, • • • 10-19 (b) Annexation of part of adjoining county by decree of court of quarter sessions, • • ■ . 20-25 Chapter IV. Election of officers. Qualifications. Vacancies.' Incompatible offices, 26-80 (a) General provisions, 26-32 (b) Commissioners and auditors, 33-34 (c) Controllers, 35-38 (d) Treasurer, 39-43 (e) Surveyor, ' 44-46 (f) Coroner, 47 (g) District attorney, ' • . . 48-51 (h) Prothonotaries, clerks of courts, registers of wills, recorder and clerk' of or- phans' courts, • 52-60 (i) Jury commissioners, 61-62 (j) Incompatible offices, 63-80 Chapter V. Oath of office. Official bonds and recognizances, 81-119 (a) Oath of office, 81-84 (b) Bond of commissioners, 85-86 (c) Oath and bond of controller, 87-88 (d) Bond of treasurer, 89-92 (e) Bond of recorder of deeds, 93 (f) Bond of register of wills, ■ • • 94-95 (g) Bonds of prothonotary and clerks of courts, 96-97 (h) Bonds and recognizances of sheriff and coroner, 98-113 (i) Bonds of officers in counties between ?00,000 and 150,000 inhabitants, 114-115 (j) General provisions, 116-119 Chapter VI. Compensation. Fees, 120-255 (a) Compensation. Salaries, •• 120-173 1. General provisions, 120-127 2. Of county officers designated, 128-135 (5) Sec. Chapter VI. (continued.) i'. ^^^' As9ess,iinjentSi ,.(,. ^. •, 732-826 1. General provisions, 732-740 2. Inter^i^-ediate, assessments, .-.■• 741-744 3. Records ,o;E conveyances, >• 745-753 4. Special cla,sses pf property, 754-758 5. Seated lands divided by boundary lines-, .^■. .,. 759-763 6. Auxiliary forest; reserves, 764-768 l!7. .^Moirtgages! and other i-obligations se- curing paymeat of money, 769-778 8. Returns of taxables, 779-784 9. Piiblicatibn' arid notice of assesshifents, 785-787 10. Rate of,, assessments, notice, and ap- peal-s, ',. ....'.......,.... 788-800 11. ,Penalti,es orij. asfessors, ■ ■ 801-804 12. Bp?!rd of, revision, ; ■■'■'.-. 805-810 13. Provisions j-|ejating to counties where III iy'K th^re is ;a h|Oard for the assessment ., ,^nd.xwsion of taxes' .•• 811-825 14. Certified duplicates for use of first ,^i ' , plas? to.wnships, 826 |Collectors, ..,,^, ...'.... 827-863 1. Appointment or election. General p.qyf^l^ and duties, 827-843 2. Filling of vacancies, • 844-847 3. Oath Of office and bond, 848-854 4. Compensation, 855-856 5. Record of borough and township col- lectors, 857-859 6. Deputies and representatives, ........ 860-862 7. Penalties, 863 (f)- Collection, 864-931 1. Duplicates and warrants for the col- lection of taxes, 864-867 2. Collection in boroughs and townships, 868-877 3. Payment of taxes, 878-882 4. Enforcing payment, 883-889 5. Payment over and settlement of ac- counts by collectors 890-897 6. Abatements and exonerations, - 898-901 7. Recovery of amounts due from col- lectors, sheriffs and coroners, . • • • 902-907 8. Penalties, 908-910 9. Collection by county treasurer, 911-916 10. Taxes on unseated lands, 117-926 11. Reports to the Secretary of Internal Affairs, 927-931 (g) Tax sales, 932-984 1. Authorization of, and procedure on sale of unseated lands, - • • 932^948 2. Sales of seated lands, ; . 949-955 10 Chapfcr X. (continued.) "^ • • 3.- Surphis bonds, ; rU 95^-960 ■■■ 4. Red'eihptioh, •••••• 961-969 In'-f'S."-' Eands'purchascd by county commis- ,'ii)onr.rs-' -'sioners for county, 970-984 [hY'T^a. Zins,'- ■ '.'.". /•'■;• • • ; 985 ises, ■•• 986-1028 ;a)i Gypsies, : ■.■■- ■ 986-988 , ^b)i .Ijisuitauce companies, _agents and brokers, 989 6c)}o O^sr: ...,•• ■ 990-1028 jient, doraaip, . ••,•,-,:•.••■, 1029-1042 ffidi- ■AM'-hWdinp, V:'v . . /r 1043-1177 (a) ■ CDUrity buildiri'gs, 1043-1058 (•B)" ' C'ofitracts lot' ■ public work, 1059-1070 (C) ■ 'Jcfifit'^' county* a'rtii' municipal action on '^ o* ;'6iliitKh^s;'''H^..':.7..;.'. 1071-1084 '' ^°' iV^jSirif-coiinty and municipal buildings ,?ox,H ■>■-• -iC-HiAdW-'att of April 18, 1913, P. L. ■xo\ 8:^i^a./g^ j'V.;.' ;.'?...: 1071-1075 ■■■ 2. ' j'oint""tburlty and municipal buildings tinder 'act of -May 8, 1919, P. L. hooh ^o rao; .;- -. . .A 1076-1080 ■ ■'^''^3'.;' (SeiieralP fSfivisions, 1081-1084 (d) Parks, playgrounds, recreation places, comfort stations, 1085-1096 1. Playgrounds, gymnasiums, baths, etc., 1085-1091 2. Parks and comfort houses in counties between 1,400,000 and 800,000 population 1092-1095 3. Comfort stations, 1096 (e) Monuments. Memorials and memorial halls, 1097-1115 1. Monuments and memorials, 1097-1102 2. Memorial halls in counties generally, 1103-1108 3. Memorial halls in counties over 150,- 000 population 1109-1115 (f) Sale of county lands, 1116-1118 (g) Jails and correctional institutions 1119-1137 1. Jails and prisons 1119-1121 2. Workhouses, 1 122-1 128 3. County industrial farms, workhouses and reformatories 1129-1137 (h) Institutions for juvenile delinquents, ..1138-llSl 1. Room or building for confinement of juveniles awaiting trial 1138 2. Schools for boys and girls 1139-1146 3. Schols for boys in counties between 1,200,000 and 300,000 population, .1147-1151 11 r Chapter XIII. (continued.) ('.bstjnijjtoDV'.VIZ Sec. ":■ lo bcnwo (i) Charitable institutions, 1152-1177 10/A uohqh'jidisii^ ■ InstitUtiohs-f or the poor, • • .1152-1154 ■9ilJ piiimiox ai 2. i Contagious- 'disease ho-spitals, ...... 1155-1161 -n!!o:j o-rti n-i-j-.y, 3; jo'int tounty and third class city lOf.f-FA'Si. ,. .. hospitals, 1162-1177 b m s 13V0 r - .Iti >a :'i .2, Chapter XIV, Bridiges, ivia^ucts and culverts, 1178-1357 r,0?.MO>:; . . (a) . General provisions, 1178-1193 yd ivii-ia-i- (b) Authorization and construction, 1194-1223 1. Wholly or partly within single muni- cipality on resolution of county commissioners, 1 194-121 1 2. Between city and borough or town- ship, or between borough and 'township, on petition of resident taxpayers, 1212-1219 3. Joint action of adjoining counties, -1220-1221 4. Bridges for pedestrians only, 1222 5. Bond issues, 1223" (c) Lighting, 1224 (d) Contracts for repair, building or re-build- ing bridges by counties, 1225-1233 (e) Maintenance and repair, 1234-1236 (f) Temporary substitutes for bridges, 1237 (g) Re-building by county, 1238-1240 (h) Closing, vacating, abandonment and re- moval, 1241 (i) Building and re-building county bridges by the State, 1242-1273 1. Building when debt of county would exceed constitutional limitation, .1242-1245 2. Re-building bridges partly constructed by county and destroyed before completion, 1246-1248 3. Re-building bridges over navigable streams when destroyed by flood or wind storm, 1249-1259 4. Re-building bridges over 800 feet in length wholly within one county, on State highways and destroyed by fire prior to May 16, 1919, . . . .1260-1273 (j) Purchase, condemnation or taking over public toll-bridges and private bridges, 1274-1307 1. Toll-bridges crossing rivers or streams, 1274-1281 2. Toll-bridges crossing rivers, rivulets, streams or ravines and connecting diiTerent municipal divisions of county, 1282-1289 3. Privately owned bridges over rivers, creeks or rivulets on which toll may be charged, 1290-1297 12 ; Chapter XIV. (continued.) • i. ,i !■ . U] / .Se^,:,rj ! . ; .4., 5 Certain . bridiges :, privately owned or J o;i il ;.,buiit,t))B: public! subscription over i<; M .. 1.,, ,r, .;,,.,, i5ti:eariis„,,or:> rivers forming the J , . '- u boundary;, line between two coun- ties. f-^H-- • 1298-1301 5. Private, bridges over streams and ' ' ' ' rivet's destroyed within ^:en years - '^' ■ ' and abandoTlfed; '. • ■ •'^- 1302-1303 6. Bridges over rivers, erected by private persons or by public sub- scriptions, and donated to county, 1304-1306 7. Toll-bridges on routes of State high- ways purchased or condemned by State Highway Department, 1307 (k) County aid on municipal bridges when expense is too great for municipality, 1308-1329 1. City, borough and township bridges entered on record as county bridges, 1308-1319 2. Special bridges and bridge improve- ments entered on record as county bridges or improvements, 1320-1324 3. Assisting in building municipal bridges, 1325-1328 4. Borough and township bridges donated to county, 1329 (1) Contracts with municipalities for joint action on municipal bridges and via- ducts, 1330-1348 1. City bridges benefiting neighboring townships, 1330-1331 2. Certain third class city bridges and viaducts over river, etc., where county is authorized to build bridge 1332-1336 3. Borough bridges and viaducts, 1337-1341 4. First class township bridges and via- ducts, 1342-1346 5. Purchase or condemnation of public toll-bridges by municipalities, ....1347-1348 (m) Contracts with railroad companies, ...1349-13S0 (n) General penal provisions for the protec- tion of bridges, 1351-1357 Chapter XV. Roads and highways, 1358-1513 (a) Authorization, construction and mainte- nance, 1358-1413 1. County roads to be maintain as such, 1358-1374 2. Maintenance, repair and vacation of certain county roads and turn- pikes, 1375-1377 13 Chapter XV. (continued.) Sec. 3. Highways, bridges, tunnels, subways and underground roads, wholly or partly within cities, boroughs or townships, , 1378-1394 4. System of main thoroughfares adopted, laid out and constructed by county and becoming bor- ough and township roads, 139S-1413 (b) Damages to property, 1414-1427 (c) Turnpikes, 1428-1453 1. Purchase on petition to county com- missioners, 1428-1429 2. Condemnation on petition to quarter . sessions, 1430-1440 3. Condemnation by two adjoining coun- ties where road is wholly or partly on boundary line 1441-14S0 4. Improvement, maintenance and re- pair, 1451-1452 5. Turnpikes or toll-roads on line of State highway routes, 1453 (d) County aid to municipalities and town- ships, 1454-1466 (e) State and State-aid highways, 1467-1492 1. sSi^aways, 1467-1476 2. Sf^te^W^ highways, 1477-1492 (f) Railrj^*Hvfd^%sings, 1493-1501 (g) Protection of roads, 1502-1507 (h) Miscellaneous provisions, 1508-1513 Chapter XVI. Main or trunk sanitary sewers and sewage-disposal plants, 1514-1534 Chapter XVII. Libraries, 1535-1567 (a) Free, public, nonsectarian, 1535-1563 (b) Law, : 1564-1567 Chapter XVIII. Actions by and against counties 1568-1574 (14) COUNTIES AND COUNTY "OS^FiefilRSJ. Scope Note; The text hcFsin presented includes the follow.in'p; g-en'qrai subjects: .^he e^tfiblishmgot.la.n.rt^gQyernment .ot counties :' g^p^ral ,.aricl. inci- ^ der^talj jDOTVfrs.ot .counties : county. finance and revenues, incruding the i.ncup-ing and bonding of indebtedness ; local taxation foi: county .pur- j}.-,0S|.cs ?.nd under the .direction of, county authorities: countv licenses ; county builcli^gs.aAd..real pirQperty''in .genefaf, .Kelid bythe _county,|or county purposes; highways, bridges aiidMacJucts, to the extent that counties are interested in their constructiori or maintenance ; county sewers and sewage disposal plants ; county libraries ; the right of con- tract and eminent domain in connection with the foregoing subjects; and the rights, liabilities and obligations of counties in general. The following general subjects, although to a greater or less ex- tent affecting counties or administered by county officials, have been excluded for the reason, either that they are merely incidental and outside the purpose of the county, or because they pertain primarily to the state or other local governments, or because a better purpose can be served by treating the subjects separately as a whole: The government and regulation of jails, prisons and other correctional in- stitutions, and the commitment thereto and the maintenance and care of prisoners or inmates therein; civil and criminal procedure except special provisions governing cases by or against counties or county ofificers ; all provisions of the poor laws ; the election laws ; collection of state revenues ; and issuance of state licenses. The following county ofificers are included: Auditors, clerk of court, controller, coroner, county commissioners, district attorney, engineer, jury commissioners, prothonotary, recorder of deeds, regis- ter of wills, sherifif, solicitor, surveyor, treasurer and board of viewers. The following ofificers, although most of them are paid out of the county treasury, and therefore in a sense count}'- officers, have been omitted, as their duties are limited to the administration of the busi- ness of the Commonwealth or of the courts, or to the custody and control of persons convicted of or held for crime : Inspectors of mines, criers and tipstaves, inspectors of prisons, and the special auditors appointed by the courts of common pleas under the act of (15) May 20, 1913, P. L. 252, amending section ten of the act of April 21, 1846, P. L. 418, to audit the accounts of prothonotaries and clerks of courts. As to all the officers considered the following subjects are in- cluded: <;.(^:^i^^^df»^a^'p^r^^^^^tTp.^^^ term of office; filling of vacancies; oath of office and official bonds; their compensation; fee-bills; their powers and duties in connection with the county government a*jd)M tfefrj^Sniinistration of the affairs of tne county; and penal Di;ovi^ion^ cpnnected therewith., The following incidental' (futies'' of county officers have been omitted,:'' All powers and diitiesincon'iiettioh with civil arid criminal procedure; duties incidental to escheats; registr'aiion'of riiedical and other, professional .men; recordinsf of conditional sales and other 'ttn'ivH /')r- j:?.aiJni .i .i .,°' ;,• y . ,. . .- .;^ci .. similar records.; issuing marriage licenses; duties in connection with tne classincjation of townshros ; and a:ll fees and penal provisions con- nWfea with thes^ siiti^^cts. CHAPTER I. DIVISION OF THE STATE INTO COUNTIES. CLASSIFICATION. , ,K 1. ENUMERATION OF COUNTIES. The "State "shall be divided iiito the' following named counties, to -tvit: Philadelphia, Bucks, Chester, Lancaster, York, Cumberland, Berks,. Northampton, Bedford, ,, Northumberland, ^esti;no^r,eiland, ,Wa,shingtpn, Fayette, I'Yanklin, Montgomery, Dauphin, Luzerne, Huntingdon, Allegheny, Mifflin, Delaware, Lycoming, Sometset; Greene.C Wiyiifep Adam^, Centre, Beaver, Butler, Mercer, Crawford,' Erie, Warren, i Venango, Armstrong, Indiana, Jefferson, McKean, Clearfield, Potterj ^ Tioga, Cambria, Bradford, Susquehanna, SchuylkilljiLehighj Lebanon,! Co- lumbia, Union, Pike, Perry, Juniata, as the sUme.are now!by.lawT;es- tablished, and into such others as the Legisla:ture mayifrdm'timoto time establish. Sec. 1, Act of April 15, 1834, P.:L. 537. (Since the passage of this act, the following counties have l?een added by special Acts of Assembly: ^ : - ; ■ 'J,-- ..II Blair, February 26, 1846, P. L. 64, formed of a part of Huntingdon and Bedfoi'd. ■""•■,'• < Cameron,- March ,29, 1860,i P. L.; 697, formed,' of' ,a , jiajrt, ,pf Clinitpn, Elk,, McK^ap and Potter. , , ; Carbon, March. ^ 3,. J. 843, jP., h. 85, formed';, of a part of Northampton and Monroe. , r Clarion, March 11, 1839, P. L. 51, formed of a' p'irt of VfenMg?6'ind Armstrong." '''' )' -'^i '""!■' ■' ' '' ' ■■i-'i ■,.' ■' . Clinton, June .21^1839, P. L. 362, formed, of a pairt of I Lycoming, and Centre. ,,-, i ,,,, ,j .j,!, .j,, ,;,, , , Elk, April 18, ;18fl3,, P. L. 31,2, f,orp?ed , of^ a part of Jefi^erson^. Clear- field and McKean. , ''" Forest, April'll, 1848, 'I:i85i),' P. L. 744, forrtied'of'a part of Jeffer- son and Venango; part of Venango added by- Act 'of ' October '31, 1866, (1867),iP: L.I1527/ '■'> - - Fulton, .April .119, 1850,!i(1851), P. L. 805„,formed of a, parlj.ofi Bedford. Lawrence, March 20, 1849, P. L. SSI, formed of a part oJ,_ Reaver jind Mercer. -, '. fi, -, (17,),.. 2 18 Monroe, April 1, 1836, P. L. 430, formed of a part of Northampton and Pike. Montour, May 3, 1850, P. L. 658, formed of a part of Columbia. Snyder, March 2, 1855, P. L. 537, formed of a part of Union. Sullivan, March IS, 1847, P. L. 462, formed of a part of Lycoming. Wyoming, April 4, 1842, P. L. 242, formed of a part of Luzerne. In 1878 a general |ct.for the! creation of new counties was passed (Act of April 17, 1878, P. L. 17). This act, however, was repealed by the Act of June 27, 1895, P. L. 398. The only county created under this^^scneral act jW^s, the county, of Lackawanna,, which ,was, formed from a' part of Luzefne by 6fder of court on August r3',1878. There is at present no act authorizing the creation of new counties. Their creation by special 'at^t is' prohibited by Befction 7, Article III, of the Constitution. ■y ,The Act of April. 17,, 1878, P,. L.,.17, waiS,,supRleiTie.i}ted, by th.q Act of A:Pril 22, 1879,, P. L. 26, which .supplernent has ^not been specifically repealed. It seems, however, necessarily 'to' fall with the repfeal of the Act of 1878, and has, therefore, beeA oriifttiid ff 6'm- this compilation'. r 2.7-. CITIES TO FORM PART OF COUNTY. Every city shall 'bedeemed and taken to form part of the county in which- it is or may be situate, Saving nevertheless to. each city: and to the' citizens thereof, • all and singular the jurisdictions, powers,, rights, liberties, privileges and imihtinitiess granted by the. respective charters, and b'y the laws of thisriGom-monwieakli.. ; Sec. 2, Act of April 15, 1834, P. L. 537. 3. COUNTIES DIVIDED INTO EIGFIT CLASSES..gFor the purposes of legislation and the regulation of their affairs, counties of this Common"wealth now in existence and those hereafter erected shall be divided into eight classes as follows: Those having a population of one million five hundred rthousand inhabitants and over, shall constitute the first claSs. Those having a population of eight hundred thousand and more but less than one million five hundred thousand inhabitants shall con- stitut,e, the .second class. „; Those having a population of two hundred and fifty thousand and 'more but less than eight hundred thoitsand inhabitants, shall con- stitute the third class. -riUia'J Those having a population of one himdred fifty thousand and more d/ut less than two hundred and fifty thousand inhabitants, shall con- stitute the fourth class, j Those having a population of one hundred thousand and more but less than one hundred fifty thousand inhabitants, shall constitute the fifth class. Those having a population of fifty thousand and more but less than one hundred thousand inhabitants, shall constitute the sixth class. Ir't 19 Those having a population of twenty thousand and more but less than fifty thousand inhabitants, shall constitute the seventh class. Those having' a population, of less, than twenty thousand in- habitants, shall constitute the eighth class. , Sec. 1, Act of July 10, 1919, P. L. 887. 4. ASCERTAINMENT dF CLASS. !>fcHANGE OF CLASS. The classification of counties shall he ascertained and fixed according ,.tO,th,^r,p,QfuJ^JLpn b,^.ji-efej,enfje fr^m time t(j)..^iY>e,^^to^Ae jast.pre- '■ct:drrig"decenhiarTJnited States, census. WheheVef it snail appear by any such census tnat any toujity has attained a population en- titling it to an advance, m classiiication as herein prescribed, it shall lie'tnp duty of the' Cpvernor, un^er tlie great sealbf this '(^bmi-non- wealth, to certify tliat fact accorainsa;ly,'wliich certificate*' shall be forwarded to the recorder of deeds'o'f' the, 'proper county, arid be' re- p(;qi;ded,,in his Qf6ce.;j. ' ' Sec. 2, Act of July 10, 1919, P. L. ,§87. ,p^:2-^'^'^'^^^^''^'^<^J^9^fWW^.'^^^9::'l^^h^^ ^Tteaffairs of cpu,ntieSi shajll |i£r,q-rftQiv,bie.4egisla,l;eclj^,or, ,a^d.,reg--i4lat'ed bg'\'S..,i-,Q ;: :;,$ec.^,Act,p^Ji,ly^ip,1919„P.,L.;887,,..,,, ^,j ion ni^ris.YKmo.. '"'g. ' ipRlbRA'CTS TO' REMAIN' IN 'FCJRCE; "All' acts and' parts of '4cts of AisslinHly relative to the several' counti'^s of .'this ^Cpirimop- 'V/'ealth'iri fo'rce"pnor'to'the adbpti'ph of 'this act shall' remain in fo'fce ' ih the same mari'ner'an'd with 'the sarne effect in"the seveSral' coiinties as prior to the adoption of this act. Sec. 4, Act of July 10, 1919, 't! L'. 887.' CHAI^TER II. NEW counti;es. 7. MMITAfibN, ON ERECTION OF NEW COUNtlElS. No new, county shall be established wliich shall reduce any cOuiity to ,'less than foiir hundred' square milesi or to less than twenty thoupand inhabitants: nor .shall any county be formed of less area, or contain- ing: a less fiopulationj nor, shall any line there9f pass within ten mii^s of the county seat of any county proposed to be divided, 'institution. Art' Xlli! For notes covering former laws for the establishment of new (ioun- ties, see note to Sec. 1, atove'. ' ' '''' i 8. LIEl^lfS AND feEGOR-bSWllEN NEW COUNrY ESTAB- LISHED.' ' Whenevei' acourity is or has heretofore' beeri divided and a nfew county erected therefroin, the Hen of all mortgages, judgments, medhanics' or other liens, verdicts, orders, defdree's, aVvards of arbi- trators, and all records which' shall' hive' been triMe of entered in the origiifil' county and rela:t6 to bt- affe'ct' lands or tenenifents iti the'new county, shall not be affected by ' the establishment of such new county; bu^. to proceed, thqreon,j^certifie|i^ copies, th-^reof jShaU.be made by the rec(f^rder, prothonotary, clerk, register, or i other proper officer, whicli ^li^lj, be| .ei^tered by the Jik^ offi.cer.jn the new county, as part of the ifeqor^ls pf Jiis office, and like pi;-pceeidi,ngs be h,ad thereon, the same as if originally entered in puch new county. , , , Sec. 1, Act of May 2, 1901, P. L.q8.,,, ' ,' '^ 9. SATISFACTION OF ORIGINAL RECORD. Where in any proceedings taken in accordance with the provisions of this act the satisfaction of any mortgage, judgment, mechanics' or other lien, decree, order or other record shall be ordered, upon the production of a copy of such order duly certified, the recorder, prothonotary, clerk or other officer of the original county shall satisfy the original record. Sec. 2, Act of May 2, 1901, P. L. 138. 21 CHAPTER III. COUNTY LINES AND BOUNDARIES AND ANNEXATION OF TERRITORY. (a) Fixing and Relocating Lines and Boundaries by 'C6tnmissions^ ' 10. COMMISSION TO SURVEY AND MARK LINE BE- TWEEN TWO ADJOINING COUNTIES. When it shall appear tCKthe satisfaction of the courts of quarter sessions of two adjoining counties that the county line between such counties, or any part thereof, should be surveyed and marked, a commission of three sur- veyors to designate, survey, and mark the same shall be appointed as follows : Sec. 1, Act of June 9, 1911, P. L. 755, amending Sec. 1, Act of April 14, 190S, P. L. 157. 11. APPOINTMENT OF SURVEYORS. SUBSTITUTES. The respective courts of quarter sessions of such counties shall each appoint one surveyor, and the two surveyors so appointed shall appoint one surveyor. If any of the said surveyors so appointed shall refuse to serve, remove from the State, die, resign, or shall be or be- come incapacitated, and unable from any cause to perform the duties required, the appointment of substitutes shall be made in conformity with the provisions of this section for the original appointment of such surveyor so dying, resigning, or becoming incapacitated. Sec. 2, Act of June 9, 1911, P. L. 755, amending Sec. 2, Act of April 14, 1905, P. L. 157. 12. MEMBERS OF COMMISSION TO BE SWORN. The members of such commission shall take and subscribe an oath to per- form their duties impartially and with fidelity. Sec. 3, Act of April 14, 1905, P. L. 157. 13. ORGANIZATION AND PRELIMINARY DUTIES OF COMMISSION. LOCATION, SURVEY AND MARKING OF OLD LINE. Such commission shall meet and organize within two months of the date of its appointment. It shall select from its mem- bership a presiding ofiScer, and also a secretary, who shall keep a full record of the proceedings and work of the commission. Before entering upon its duties it shall appoint, by advertisement in one or more newspapers published in each -of said counties, a time and place of meeting, when and where parties interested in the location of such 22 party line will be heard ; after which^ hearing it shall, without un- reasonable delay, carefully ascertain the location, and survey, and mark with suitable marks of a permanent character, the old county hne between such counties, if it shall consider such old county line a proper one. CS,l6. \ Ait hi AprilU, 190S, P. L.'1S7..\ 14. ESTABLISHMENTOF NEW COUNTY LINE. NOTICE TO OWNERS OF LAND AFFECTED. When the said commis- sion/shall h&:f^ji^^i[tiin^(i,.lo.c^tt tAvcchain-cprriqvs, at, a cojTipensation.pLf. two, dollars ^, day, e^qh, who shall hk,i^>yise beir.eimbursed .tl],e ^ctualjrij-ecessarTy ex,-, pe^p,es paid by the;^'^, r^sp?ct;ively,,, whjle ,en3,ployed,,by gi^ch .-ponj^-, mis^ioji ; Prov.ided,. iTh^t .the, iiqcessa.ry exp,ensp^.ioc,urf;ed,^n,dJ,;j?aid, by-s,ych 9omniissioners,m^^d.y^r,tisipig ^jieir.ipaeeting-,, fP.^f^Hftnt^tojjthe dareftjon pf this, act,- and ip- procuring, apcj, getting, the monuments, ue|«;,d|'nj- to piark.i^n ;a..p,qnT}-ar(e,nt, jT^an;ier such county Hne, shall be allowed and paid to the commission incurring such expense, in ad- dition to the expenses for which they shall be severally reimbursed, as hereinbefore provided. Sec. 7, Act of April 14, 190S, P. L. 157. 17. PAYMENT OF EXPENSES OF COMMISSION. The ex- penses of the commission shall be paid by such counties jointly, in eoual parts, upon presentation of properly itemized bills, duly veri- fied by affidavit of the person claiming payment, or some one on his behalf. Sec. 8, Act of April 14, 1905, P. L. 157. 18. COMMISSIONS TO REPORT TO SECRETARY OF IN- TERNAL AFFAIRS. It shall be the duty of all commissions ap- pointed to re-establish any of the boundary lines of this common- wealth, to erect a new county, or to annex part of one county to an- other county, to transmit a copy of their report to the secretary of internal affairs to be by him deposited in his departm.ent. Sec. 3, Act of May 8, 1876, P. L. 143, No. 117. 19: COMMISSIONS TO FILE COPIES OF REPORT WITH CLERPi OF COURT OF QUARTER SESSIONS. CERTIFIED COPY OF CONFIRMATION DEPOSITED WITH SECRE- TARY OF INTERNAL AFFAIRS. It shall be the duty of all com- missions appointed to re-survey, re-mark, alter or change any county line, to deposit dupHcate copies of their report in the office of the clerk of quarter sessions of the proper county; and after the same has been confirmed by said court, the said clerk shall upon one of the copies certified (certify) such confirmation, and immediately transmit the same by mail to the secretary of internal affairs to be by him de- posited in his depai-tment. Sec. 4, Act of May 8, 1876, P. L. 143, No. 117. ■J 24. f lAnnexation of Part of Adjoining County by, Decree , ' of Cpurt of Quarter Sessions, -i.x, 20. ANNEXATION PART OF ADJOINING COUNTY BY COURT OF QUARTER SESSIONS. AREA. Where, from any cause, a pa.rt 6i a county is so located that access by pubHc highway frdin siich f)art td the hiain portion of the county can be had dnly by passirig through another county, and where it shall be far the best in- terest of such part of a county, so located, and of the inhabitants of such part, that such part of a county be annexed to an adjoining cdiihty; the court of quarter sessions of the first named county, may, on petition, deCVee such alterations of the boundaries of the county as shall' be for the 'best interest of the inhabitants aforesaid. The term "part of county" as Used in this act, shall not include an area: greater than two hundred acres, ndr an area containing a populatidri of over' one hundred and fifty inhabitants. Sec. 1, Act of May 6, 1915, P. L. 274, No. 170. 21. PETITION. The petition shall not be considered unless it shall : 1. Be signed by not less than two-thirds of the qualified elector.s of the part of the county so located ; and 2. Be signed by not less than two-thirds in number and interest of the owners of real estate in such part of a county- — the valuation to be as shown by the triennial assessment for county purposes last pre- ceding the presentation of the petition. The owner of an undivided interest shall be regarded as one person ; 3. Be verified as to the genuineness of the signatures by a quali- fied elector of the county. Sec. 2, Act of May 6, 1915, P. L. 274, No. 170. 22. NOTICE OF FILING PETITION. HEARING AND DE- CREE. When the petition is presented the court shall fix a day for hearing it, and direct that notice of the presentation of the petition and of the day of hearing shall be given to the commissioners of the counties affected by the proposed change of boundaries. If one of the counties affected is coterrtiinous with a city, the notice shall also be given to the council of the city. On the day fixed for hearing, or as soon thereafter as the business of the court will permit, the court shall hear all parties in interest, and shall make such decree as to the court shall seem right and proper. Sec. 3, Act of May 6, 1915, P. L. 274, No. 170. 25 23. APPOINTMENT OF AUDITOR. HEARINGS TO BE HELD AND REPORT TO COURT. When the court decrees an alteration of the boundaries of any such county it shall appoint an auditor, who shall conduct such hearings and make such investiga- tions as the court may direct. Notice of such hearings and investi- gations shall be given bj' the auditor as directed by the court. When the auditor shall complete the hearings and. investigations he shall re- port to the court. Sec. 4, Act of May 6, 191S,\P. L. 274, No. 170. 24. REPORT OF AUDITOR. The report of the auditor shall include : 1. The total assessed valuation of the subjects of taxation in the county from which a part is to be taken. 2. The total assessed valuation of the subjects of taxation in the part proposed to be taken from such county. 3. The total amount of indebtedness of the county from which a part is to be taken. 4. The value of all real property to be transferred from one county to another by reason of the alteration of boundaries. 5. An adjustment of the indebtedness and of the property of the counties affected by the alteration of boundaries. 6. A form of decree altering the boundaries as aforesaid and ad- justing the indebtedness of the counties affected. Sec. S, Act of May 6, 1915, P. L. 274, No. 170. 25. CONFIRMATION OF DECREE. BOUNDARIES FIXED. RECORDED. ENFORCEMENT' OF DECREE. The decree shall be confirmed nisi by the court. If exceptions are not filed there- to within ten days from the date of the decree, or if an appeal there- from is not taken within ten days, the decree shall be absolute. It shall thereupon be recorded in the offices of the recorders of deeds of the counties affected by the change. Upon such recording the bound- aries of the respective counties shall be fixed according to the decree. The decree absolute shall be enforced as decrees in equity are en- forced. Sec. 6, Act of May 6; 1915, P. L. 274, No. 170. 26 CHAPTER IV. ELECTION OF OFFICERS. QUALIFICATIONS. VACANCIES. INCOMPATIBLE OFFICES. (a) General Provisions. 26. ENUMERATION OF COUNTY OFFICERS. SHERIFF AND TREASURER NOT TO SUCCEED HIMSELF. County officers shall consist of sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, commissioners, treasurers, surveyors, auditors or controllers, clerks of the courts, ' district attorneys, and such others as may from time to time be established by law ; and no sheriff or treasurer shall be eligible for the term next succeeding the one for which me may be elected. Constitution, Art. XIV, Sec. 1. 27. ELECTION OF COUNTY OFFICERS. TERMS. VA- CANCIES. County officers shall be elected at the municipal elec- tions and shall hold their offices for the term of four years, begin- ning on the first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies not other- wise provided for, shall be filled in such manner as may be provided by law. • Constitution, Art. XIV, Sec. 2, amendment of November 2, 1909. 28. VACANCIES NOT OTHERWISE PROVIDED FOR TO BE FILLED BY GOVERNOR AND SENATE IF IN SESSION. In case of a vacancy happening by death, resignation or otherwise, in any office created by the constitution or laws of this commonwealth, and where provision is not already made by said constitution and laws to fill said vacancy, it shall be the duty of the governor to ap- point a suitable person to fill such office, v\'ho shall be confirmed b}- the senate, if in session, and who shall continue therein and discharge the duties thereof till the first Monday of January next succeed- ing the first [general] election vrhich shall occur three or more months after the happening of such vacancy. Sec. 1, Act of May 15, 1874, P. L. 205. County officers are now elected at the municipal election in odd numbered years. See preceding section. An appointment to fill a vacancy under this act cannot extend be- yond the term of the officers whose vacancy is filled Comm v KiiiK 85 Pa. 103. • • 5. 27 29. EXTENSION OF TERMS AND INCREASE OR DIMIN- ISHMENT OF COMPENSATION PROHIBITED. No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment. Constitution, Art. Ill, Sec. 13. 30. QUALIFICATIONS. No person shall be appointed to any office within any county who shall not have been a citizen and an in- habitant therein one year next before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. Constitution, Art. XIV, Sec. 3. 31. REMOVAL OF RESIDENCE TO FORFEIT OFFICE IN CERTAIN CASES. Whenever, by the requirements of any law, a particular residence is a necessary qualification for the election or appointment of any officer, a removal from such residence shall oper- ate as a forfeiture of the office. Sec. 12, Act of May IS, 1874, P. L. 186, No. 120. 32. OUSTING OF OFFICERS FAILING TO MAKE RE- PORTS TO AUDITOR GENERAL AND STATE TREASURER. [The Auditor General or State Treasurer, or either of them, or any agent appointed by them or either of them, are hereby authorized to examine the books and accounts of any county or city officer who shall refuse or neglect to make the return and payments as required b}^ the first section of this act ; and upon information obtained from such examination the Auditor General and State Treasurer shall settle an account against such officer in the usual manner for the settle- ment of public accounts, and in the settlement of said accounts shall add not to exceed fifty per centum to the amount of the tax to pro- vide for any losses which might otherwise result to the Common- wealth from neglect or refusal of the said officer to furnish the re- turn :] Provided, That if after the Auditor General or State Treas- urer has once been required to appoint an agent to examine the books and accounts of any county or city officer, and such county or city officer again refuses or neglects to file the reports required by this act, it shall be the duty of the Auditor General to certify such re- fusal to the Attorney General, who shall thereupon institute proceed- ings in quo warranto in the court of common pleas of Dauphin County for the purpose of ousting such delinquent officer from his siiid office. Said proceedings shall be carried on as provided by law for other proceedings in quo warranto, and it shall be the duty of the court, upon finding that said officer has repeatedly refused to file the reports required by law, to oust the incumbent of said office, and to 28 declare the same vacant ; and, upon the -entry of any such decree, the prothonotary of the court of common pleas of Dauphin County shall certify the same to the Governor, who shall revoke the commis- sion theretofore issued to said officer, and shall fill the vacancy as provided by law. Sec. 1, Act of July 21, 1919, P. L. 1070, amending Sec. 3, Act of May 24, 1893, P. L. 125. ^ Sec. 1 of the Act of 1893 requires all county officers on the first Mon- day of each month to make returns under oath of all moneys received for the use of the Commonwealth. (b) Commissioners and Auditors. 33. ELECTION AND VACANCIES. Three county commis- sioners and three county auditors shall be elected in each county where such officers are chosen, in the year one thousand nine hun- dred and eleven and every fourth year thereafter ; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any casual vacancy in the office of county com- missioners or county auditor shall be filled, by the court of common pleas of the county in which such vacancy shall occur, by the ap- pointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled. Constitution, Art. XIV, Sec. 7, amendment of Nov. 2, 1909. 34. COMMENCEMENT OF TERMS. The terms of office of county commissioners and county auditors, chosen prior to the year one thousand eight hundred and seventy-five, which shall not have expired before the first Monday of January, in the year one thousand- eight hundred and seventy-six, shall expire on that day. Constitution, Schedule No. 1, Sec. 28. This section of the schedule to the constitution has been inserted so as to enable any person to determine the commencement of the terms of the commissioners and auditors. (c) County Controller. 35. ESTABLISHMENT OF OFFICE OF CONTROLLER IN COUNTIES OF 100,000 AND OVER. ABOLISHING OFFICE OF AUDITORS. ELECTION AND TERM OF CONTROLLER. The office of county controller is hereby established, and the office of county auditor or auditors abolished, in each county of this Com- monwealth which shall contain by any Federal census one hundred thousand inhabitants or over. At the municipal election in the year one thousand nine hundred and thirteen the qualified electors of each such county, not now having a controller, shall elect rone citizen 29 of such county to serve as controller, in place ofl county auditor or auditors, until the first Monday of January, one thousand nine hun- dred and sixteen. At the municipal election in the year one thou- sand nine hundred and fifteen, and quadrennially thereafter, the qualified electors of each county entitled to a controller shall elect one citizen of such county, who shall serve as controller for the term of four years from the first Monday of January thereafter fol- lowing, or until his successor shall be qualified, if he so long shall behave himself well. Sec. 1, Act of March 27, 1913, P. L. 10, amending Sec. 1, Act of June 27, 1895, P. L. 403, No. 288, as amended. The term of two years fixed by this act for, the first controller to be elected, being in contravention of the constitutional amendment No. 9, adopted November 2, 1909, is void. Comm. v. Walter, 253 Pa. 356. Controllers in some counties affected by this act are therefore elected for four year terms in 1913, 1917, 1921, etc. The Act of 1895, Sec. 1, which this section amends, was held to be constitutional in Lloyd v. Smith, 176 Pa. 213. 36. APPOINTMENT BY GOVERNOR IN COUNTIES OF 100,000 INHABITANTS AND OVER. FILLING VACANCY. The Governor shall appoint a person in each county wherein this act is or becomes operative, to act as controller of such county until his successor in office is duly elected and installed, and shall also ap- point a suitable person to fill any vacancy that may occur by death, resignation or removal from office of controller in any county wherein this act is or becomes operative. Part of Sec. 1, Act of May 8, 1901, P. L. 140, No. 114, amending Sec. 16, Act of June 27, 1895, P. L. 403, No. 288. 37. ELECTION OF CONTROLLER IN PLACE OF AUDI- TOR ON PETITION TO COURT OF COMMON PLEAS. Upon petition to the court of common pleas of any county of this Common- wealth, of twenty-five per centum of the number of electors who voted at the November election in said county preceding the date of said petition, the said court shall direct that at the next [general] election, and [triennially] thereafter, in said county, the electors thereof shall choose a citizen of said county for the office of county controller, in place of county auditor, who shall serve for a term of [three] years, or until his successor be qualified, if he shall so long behave himself well : Provided, That said petition shall include the signatures of a majority of the board of county commissioners, the clerk of courts, coroner, county treasurer, prothonotary, recorder of deeds, and register of wills of the county wherein the petition is presented. That upon the filing of said decree, directing that a county controller be so elected, the prothonotary of said court shall transmit to the county commissioners and the sheriflFs of said county 30 certified copies of said decree ; upon receipt of which the sherifit of said county shall give at least thirty days' public notice by proclama- tion, in addition to any proclamation that is now or may hereafter be required by law, printed three times in every newspaper of gen- eral circulation in said county, that a citizen of said county is to be elected at the next ensuing election for county offices for the ofifice of county controller ; and the county commissioners of said county shall cause to be printed upon the official ballots, to be voted at said elec- tion, the proper names and spaces for the election of said controller, and provide all necessary blanks for compiling the votes cast and making the proper returns, in the same manner as is now or may hereafter be required by law. Sec. 1, Act of May 6, 1909, P. L. 434, No. 242. The term "three" years was extended to four years by the consti- tutional amendments of 1909 and by the Act of March 2, 1911, P. L. 8. Controllers are now elected at the municipal election in. odd num- bered years according to the constitutional amendments of 1909 and 1913. 38. APPOINTMENT BY GOVERNOR. FILLING VA- CANCY. DUTIES OF AUDITORS. ABOLITION OF OFFICE OF AUDITOR. Upon the fding of the decree provided for in sec- tion one of this act (preceding section), the prothonotary of the county in which said decree is filed shall transmit to the Governor of the Commonwealth a certified copy of said decree, upon receipt of which the Governor shall appoint a suitable person to act as con- troller of said county, until his successor in office is duly elected and installed; and he shall also appoint a suitable person to fill any vacancy that may occur by death, removal from office, or resigna- tion of said controller, in any county wherein this act is or becomes operative. That upon the appointment of a controller, as provided in this section, the county auditors then in office shall proceed to audit all accounts as is now or may hereafter be required by law, 9.nd, upon the filing of their report of said audit, which report must be filed not later than three months after the controller assumes his office, the said office of county auditor shall be abolished and cease to exist in said county. Sec. 17, Act of May 6, 1909, P. L. 434, No. 242. (d) Treasurer. 39. ELECTION UNDER FORMER LAW. On the second Tuesday in October next, and on the same day every two years thereafter, it shall be lawful for the qualified voters in the several counties of this Commonvi'ealth, to elect a suitable person to serve as county treasurer, who shall enter upon the duties of his office on 31 the first Monday in January next, after his election, and perform all the duties enjoined by law on the several county treasurers of this Commonwealth, until the first Monday in January two years next after his induction into office as aforesaid. Sec. 1, Act of May 27, 1841, P. L. 400. This section is no longer in force, as the treasurer and his election are provided for by the constitution, and his term is at present four years under the constitutional amendment of 1909. The section is inserted merely in order to trace back the original term of the treasurer and thereby determine his present status under the constitutional amend- ment already referred to. 40. FILLING VACANCY BY GOVERNOR. TERM. Any va- cancy occurring by death, resignation or otherwise, in the office of county treasurer, in any county of this Commonwealth, shall be filled by the appointment of any eligible person by the Governor; ynd the person so appointed shall hold said office until the first Mon- day of January next succeeding the next [general] election which shall occur three or more months after the happening of such va- cancy. Sec. 1, Act of April 17, 190S, P. L. 176, No. 128. County officers are now elected at the municipal election in odd num- bered years. See constitutional amendment of 1909, Sec. 27, above. 41. REMOVAL FROM OFFICE FOR FAILURE TO TRANS- MIT BOND TO AUDITOR GENERAL. APPOINTMENT TO FILL VACANCY. If any county treasurer shall fail to transmit to the Auditor General, within one month after his appointment, the bond required by this act (Sec. 82 below), to be given by him for the use of the Commonwealth, the Auditor General shall give notice thereof to the county commissioners, who shall forthwith proceed to remove such treasurer from office and appoint some suitable person in his place. Sec. 36, Act of April IS, 1834, P. L. 537. Under the Act of April 17, 1905, P. L. 176 (preceding section), the Governor fills all vacancies. Quaere: Should the vacancy created un- der this section be filled by the Governor? 42. PROCEEDINGS IN CASE OF FAILURE TO PAY COM- MONWEALTH AMOUNT DUE. Whenever any county treasurer • within this commonwealth shall fail to pay to the commonwealth, on demand being made, the balance found to be due by him upon set- tlement of his account by the auditor-general and state treasurer,'a petition may be presented to the court of common pleas of the county jv herein the said treasurer may reside, at the instance of the at- torney-general, or one or more of the sureties of said county treas- urer, praying for his dismissal from office, on account of said default. 32 Upon the presentation of said petition, the said court shall enter a lule upon said county treasurer, to appear on a day certain, to show cause why he should not be removed from said office; of which due notice shall be given to said county treasurer. Sec. 1, Act of April 13, 1859, P. L. 607. 43. DISMISSAL FROM OFFICE. FILLING OF VACANCY. BOND OF SUCCESSOR. DISCHARGE OF PROCEEJDINGS BEFORE DECREE. Upon the hearing of said rule, if it shall be made to appear to the satisfaction of said court that the said officer is in default for the non-payment of money due the commonwealth, the said court shall forthwith make a decree dismissing him from the said office. And upon receiving a certified copy of the said decree, the commissioners of the proper county shall immediately fill the vacancy thereby created, until the next general election, by the ap- pointment of a suitable person ; who shall give bond in such amount, and with such sureties, as shall be ordered and approved by the court of quarter sessions of the property county: Provided, That if the' sum so found due be paid at any time before such decree is made, it shall discharge the proceedings. Sec. 2, Act of April 13, 1859, P. L. 607. Under the Act of April 17, 1905, P. L. 176 (Sec. 35 above), the Governor fills all vacancies. Quaere: Should the vacancy created un- der this section be filled by the Governor? (e) Surveyor. 44. ELECTION, QUALIFICATIONS, DUTIES AND COM- PENSATION. The qualified voters of each county of this common- wealth shall [on the second Tuesday of October next, and on the same day every third year thereafter,] elect one competent person, being a practical surveyor, to act as county surveyor for the proper county, for the term of [three] years ; who shall do and perform all the duties and have and receive all the emoluments, now pertaining to the respective deputies of the surveyor-general. Sec. 5, Act of April 9, 1850, P. L. 434. This section is largely supplied by the constitution. The date of election and the term of office are fixed by the amendments of 1909 and 1913. The surveyor, as all other county officers is elected at the muni- cipal election in odd numbered years for a term of four years. 45. REMOVABLE BY COURT OF QUARTER SESSIONS. The courts of quarter sessions of the respective counties shall have power, on cause shown, to remove any of said county surveyors, for neglect, refusal, incompetency or inability to perform the duties of his office, and shall also remove them on being convicted of any in- famous crime or misdemeanor. Sec. 8. Act of April 9, 18S(\ P. L, 434, 33 46. VACANCY. APPOINTMENT BY COURT OF QUAR- TER SESSIONS. In case of any vacancy occasioned by death, resignation, removal or otherwise, it shall be the duty of the court of quarter sessions of the proper county to appoint a competent per- son, being a practical surveyor, to fill such vacancy until the time pre- scribed by this act for the election of said officers. Sec. 9, Act of April 9, 18S0, P. L. 434. (f) Coroner. 47. GOVERNOR MAY APPOINT IN CASE OF VACANCY. TERM. ABOLITION OF FEES ON COMMISSIONS. If any person who has, or shall be elected to the office of coroner, shall neg- lect or refuse for the space of three months next after such election, to assume the duties of said office, and to comply with the requisi- tions of the acts of assembly in such cases : Provided, The (in such cases provided, the) said office shall be treated as vacant, and it shall be the duty of the Governor to appoint and commission some suit- able person to fill such vacancy, who shall hold and enjoy said of- fice, and all the emoluments appurtenent thereto, until the next gen- eral election thereafter, and no fees shall hereafter be charged on commissions issued to the coroners of the several counties of this commonwealth. Sec. 11, Act of April 5, 1842, P. L. 23a (g) District Attorney. ' 48. ELECTION AND QUALIFICATION. The qualified voters of the city and county of Philadelphia, and of each and every county in the State, shall, [at the general election on the second Tuesday of October next, and every three years thereafter,] elect one person, learned in the law, who has been two years admitted to the bar, and who shall have resided in the county for which he is elected for one year next preceding his election, who shall be called the district at- tomey of said county. Sec 1, Act of May 3, l^SO, P. L. 654. This section is largely Supplied by the constitution. The date of election and the term of offic* are fixed by the amendments of 1909 and 1913. The election is held at the municipal election in odd num- bered years for a term of four years. 49, QUALIFICATIONS. No person shall be eligible to the of- fice of district attorney, of any county within this Commonwealth, unless he shall have been admitted to practice as an attofftej' in the tbtif is of some county within tb» CooktaoBrresiith^ f©*/ at kas^ two 34 years preceding his election : Provided, That this act shall not take effect until the first day of March, Anno Domini one thousand eight hundred and eighty-four. Sec. 1, Act of April 26, 1883, P. L. IS, No. IS. 50. PROCEDURE IN CONTESTED ELECTIONS. FILL- ING OF VACANCY BY JUDGES OF THE COURT OF COM- MON PLEAS. All elections of district attorney shall be contested r.nd decided in the same manner as is now provided by law for con- testing the election, of county officers ; and if any vacancy shall occur, cither by death, resignation, removal from office or from the county or otherwise, the judges of the court of common pleas shall supply such vacancy by the appointment of a competent person to fill the of- fice until the next [general] election : Provided, Such vacancy hap- pens thirty days before; if not, then until the next [general] election thereafter, and until a successor is duly elected and qualified. Sec. 3, Act of May 3, 1850, P. L. 654. County officers are now elected at the municipal election in odd num- bered years. See constitutional amendment of 1909, Sec. 27, above. 51. FIXING THE TERM O? PERSON APPOINTED TO FILL VACANCY. The true iutsnt of the act of May 3d, 1850, pro- viding for the election of district cttorney, shall be held to be, that any person elected to fill a vacancy in the office of district attorney, shall hold his office for the full term of [three] years. Sec. 1, Act of April 13, 1859, P. L. 617, No. 609. County officers are now elected for a term of four years. See con- stitutional amendment of 1909, Sec. 27, above. (h) Prothonotaries, Clerks of Courts, Registers of Wills, Recorders of Deeds and Clerks of Orphans' Courts. 52. ELECTION AND DESIGNATION OF OFFICERS BY COUNTIES. The qualified electors of each county of this Com- monwealth shall, at the next general election, at the times and places of electing representatives, and whenever it becomes necessary for an election, under this act, vote for prothonotaries, clerks of the sev- eral courts, recorders of deeds and registers of wills, for each county .respectively, as follows, namely: The qualified electors of the county of Adams shall elect one per- son to fill the office of prothonotary ; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer, j r.nd of the orphans' court ; and one person to fill the offices of regis-i ter of wills, and recorder of deeds. 35 The qualified electors of the county of Allegheny shall elect one person to fill the ofiices of prothonotary of the court of common pleas and of the district court ; one person to fill the offices of clerk of the several courts of general quarter sessions and oyer and terminer and orphans' court ; and one person to fill the office of register of wills ; and one person to fill the office of recorder of deeds. (By the Act of April 16, 1866, P. L. 942, one person is elected as clerk of the courts of quarter sessions and oyer and terminer, and one per- son as clerk of the orphans' court in Allegheny county.) The qualified electors of the county of Armstrong shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of register of wills, recorder of deeds and clerk of the orphans' court. The qualified electors of the county of Beaver shall elect one per- son to fill the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer, and clerk of the orphans' court ; and one person to fill the offices of register of wills, and recorder of deeds. The qualified electors of the county of Bedford shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court, register of wills, and recorder of deeds. (By the Act of June 28, 1871, P.' L. 1375, one person is elected to the office of register and recorder in Bedford county, separate from the other officers.) The qualified electors of the county of Berks shall elect one per- son to fill the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer ; one person to fill the office of clerk of the orphans' court ; one person to fill the office of roister of wills ; and one persn to fill the office of recorder of deeds. ^ The qualified electors of the county of Bradford shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of register of wills, recorder of deeds and clerk of the orphans' court. The qualified electors of the county of Bucks shall elect one per- son to fill the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and ter- miner; one person to fill the office of clerk of the orphans' court; one person to fill the office of register of wills ; and one person to fill the office of recorder of deeds. The qualified electors of the county of Butler shall elect one person to fill the office of prothonotarj^ clerk of the courts of general quar- 36 ter sessions, oyer and terminer, and orphans' court, and one person to fill the offices of register of wills, and recorder of deeds. (By Sec. S of the Act of April 14. 1851, P. L. 552, one person is elected prothonotary and one person clerk of oyer and terminer, quarter ses- sions and orphans' courts in Butler county.) The qualified electors of Cambria county shall elect one person to fill the office of prothonotary, clerk of the court of general quarter sessions, oyer and terminer, orphans' court, register of wills and re- corder of deeds. (By the Act of March 6, 1854, P. L. 158, one person is elected pro- thonotary and clerk of oyer and terminer and quarter sessions, and one person as register of wills, recorder of deeds and clerk of the orphans' court in Cambria county.) The qualified electors of the county of Centre shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the or- phans' court. The qualified electors of the county of Chester, shall elect one per- son to fill the office of prothonotary ; one person to fill the offices of the clerk of the courts of general quarter sessions, oyer and ter- miner, and orphans' court ; one person to fill the office of register of wills ; and one person to fill the office of recorder of deeds. The qualified electors of the county of Clearfield shall elect one person to fill the office of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer, orphans' court, register of wills, and recorder of deeds. (By the Act of March 29, 1856, P. L. 185, one person is elected pro- thonotary and clerk of oyer and terminer and quarter sessions, and one person as clerk of orphans' court, register of wills and recorder of deeds in Clearfield county.) The qualified electors of the covinty of Clinton shall elect one per- son to fill the offices of prothonotary, clerk of the court of general . quarter sessions of the peace and oyer and terminer ; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of Columbia county shall elect one person to fill the offices of prothonotary, clerk of the courts of general quar- ter sessions, oyer and terminer and orphans' court ; one person to fill the offices of register of wills, and recorder of deeds. The qualified electors of the county of Crawford, shall elect one person to fill the offices of prothonotary of the court of common pleas and district court, clerk of the courts of general quarter sessions, oyer 37 and terminer, and orphans' court, and one person to fill the offices of register of wills, and recorder of deeds. (By Sec. 36, Act of April 7, 1848, P. L. 365, one person is elected prothonotary, and one person clerk of oyer and terminer, quarter ses- sions and orphans' court in Crawford county.) The qualified electors of the county of Cumberland shall elect one person to fill the office of prothonotary ; one person to fill the offices of recorder of deeds, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court ; and one person to fill the of- fice of register of wills. The qualified electors of the county of Dauphin shall elect one person to fill the offices of prothonotary, clerk of the courts of gen- eral quarter sessions and oyer and terminer ; one person to fill the of- fices of clerk of the orphans' court, and recorder of deeds; and one person to fill the office of register of wills. The qualified electors of the county of Delaware shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer, orphans' court, register of wills and recorder of deeds. (By the Act of March 20, 1873, P. L. 343, one person is elected prothonotary and clerk of oyer and terminer and quarter sessions, one person as recorder of deeds, and one person as clerk of the orphans' court and register of wills, in Delaware county.) The qualified electors of the county of Erie shall elect one person to fill the offices of prothonotary of the court of common pleas (and district court), clerk of the courts of general quarter sessions, oyer and terminer and orphans' court ; and one person to fill the offices of register of wills, and recorder of deeds. (By the Act of April IS, 1863, P. L. 503, one person is elected pro- thonotary, and one person as clerk of quarter sessions, oyer and terminer and orphans' court in Erie county.) The qualified electors of the county of Fayette shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person for register of wills, and recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Franklin shall elect one per- son to fill the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions, oyer and terminer and orphans' court ; and one person to fill the office of register of wills, and recorder of deeds. The qualified electors of the county of Greene shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer, and clerk of the orphans' 38 court; and one person to fill the offices of register of wills, and re- corder of deeds. ' (By the Act of February 21, 1869, P. L. 287, one person is elected prothonotary, and one person as clerk of the orphans' court, quarter sessions and oyer and terminer in Greene county.) The qualified electors of the county of Huntingdon shall elect one person to fill the offices of prothonotary, clerk of the courts of quar- ter sessions and oyer and terminer; and one person to fill the office oi register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Indiana shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer ; and one person to fill the of- fices of register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Jefferson shall elect one person to fill the offices of prothonotary, clerk of the courts of quar- ter sessions, oyer and terminer, orphans' court, register of wills, and recorder of deeds. The qualified electors of the county of Juniata shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer ; and one person to fill the of- fices of register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Lancaster shall elect one person to fill the offices of prothonotary of the court of common pleas (and district court) ; one person to fill the offices of clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the office of elerk of the orphans' court; one person to fill the office of register of wills ; one person to fill the office of recorder of deeds. [The qualified electors of the city of Lancaster shall elect one per- son to fill the office of clerk of the mayor's court, in and for said city.] The qualified electors of the county of Lebanon shall elect one per- son to fill the office of prothonotary and clerk of the court of oyer and terminer; one person to fill the office of clerk of the court of quarter sessions, and orphans' court, and one person to fill the of- fices of register of wills, and recorder of deeds. (By the Act of April 18, 1857, P. L. 172, one person is elected clerk of quarter sessions and recorder of deeds, one person as register of wills, and one person as clerk of the orphans' court, in Lebanon county.) The qualified electors of the county of Lehigh shall elect one per- son to fill the office of prothonotary ; one person to fill the office of recorder of deeds ; one person to fill the offices of clerk of the courts 39 of quarter sessions and oyer and terminer, and orphans' court; and one person to fill the office of register of wills. (By the Act of April 14, 1863, P. L. 406, and Sec. 2, Act of May S, 1864, P. L. 850, one person is elected clerk of quarter sessions and oyer and terminer, and one person as clerk of the orphans' court in Lehigh county.) The qualified electors of the county of Luzerne shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court, and one per- son to fill the offices of register of wills and recorder of deeds. (By Sec. 4 of the Act of April 10, 1849, P. L. 581, one person is elected prothonotary, and one person as clerk of quarter sessions, oyer and terminer aiad orphans' court in Luzerne county; and by Sec. 2, Act of February 23, 1853, P. L. 698, one person is elected register of wills, and one person recorder of deeds.) The qualified electors of the county of Lycoming shall elect one person to fill the offices of prothonotary, clerk of the courts of gen- eral quarter sessions and oyer and terminer ; and one person to fill the offices of register of wills, and recorder of deeds, and clerk of, the orphans' court. The qualified electors of the county of McKean shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general cjuarter sessions, oyer and terminer, and orphans' court, and register of wills and recorder of deeds. (See also the Act of April 11, 1866, P. L. 763, No. 755, making similar provisions for McKean -county.) The qualified electors of the county of Mercer shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one per- son to fill the offices of register of wills, and recorder of deeds. (By the Act of April 2, 1869, P. L. 637, one person is elected pro- thonotary, and one person as clerk of quarter sessions, oyer and terminer and orphans' court and register of wills, in Mercer county:) The qualified electors of the county of Mifflin shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphan^' court. The qualified electors of the county of Monroe shall elect one per- son to fill the office of prothonotary, clerk of the courts of general quarter sessions, and oyer and terminer and orphans' court ; and one person to fill the offices of register of wills and recorder of deeds. The qualified electors of the county of Montgomery shall elect one person to fill the office of prothonotary; one person to fill the offices 40 fef cierk of the courts of general quarter sessions, oyer and terminer and orphans' court; one person to fill the office of register of wills; and one person to fill the office of recorder of deeds. The qualified electors of the county of Northampton shall elect one person to fill the office of prothonotary, clerk of the courts of general quarter sessions and oyer andjterminer; one person to fill the office of clerk of the orphans' court ; one person to fill the office of register of wills ; and one person to fill the office of recorder of deeds. (By the Act of April 8, 1848, P. L. 418, one person is elected pro- thonotary and one person as clerk of quarter sessions and oyer and terminer in Northampton county.) The qualified electors of the county of Northumberland shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer; and one person to fill the offices of register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Perry shall elect one person to fill the offices of prothonotary, clerk of the courts of general quar- ter sessions, oyer and terminer and orphans' court, and one person to fill the offices of register of wills and recorder of deeds. (By the Act of March 13, 1847, P. L. 296, one person is elected prothonotary and clerk of quarter sessions and oyer and terminer, and one person as register of wills, recorder of deeds and clerks of the or- phans' court in Perry county.) The qualified electors of the city and county of Philadelphia shall elect one person to fill the office of prothonotary of the court of com- mon pleas ; [one person to fill the office of prothonotary of the district court of the city and county of Philadelphia ;] one person to fill the office of clerk of the court of oyer and terminer and general quarter sessions ; [one person to fill the office of clerk of the court of criminal sessions for the city and county of Philadelphia ;] one person to fill the office of clerk of the orphans' court; one person to fill the office of register of wills ; and one person to fill the office of recorder of deeds. (Sec. 7, Art. V, of the Constitution of 1873, provides that the pro- thonotary of Philadelphia shall be appointed by the judges of the courts of common pleas.) The qualified electors of the county of Pike shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer, orphans' court, register of wills, and re- corder of deeds. The quaUfied electors of the county of Potter shall elect one person to fill the offices of prothonotary, clerk of the courts of general quar- 41 ter sessions, oyer and terminer, orphans' court, register of wills, and recorder of deeds. (By Sec. S, Act of April 23, 1852, P. L. 413, one person is elected register and recorder in Potter county.) The qualified electors of the county of Somerset shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer ; and one person to fill the of- fices of register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Schuylkill shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer, and one person to fill the of- fices of clerk of the orphans' court, register of wills and recorder of deeds. (By the Act of March 29, 1856, P. L. 181, one person is elected prothonotary, one person as clerk of quarter sessions and oyer and terminer, one person as clerk of the orphans' court and register of wills, and one person as recorder of deeds in Schuylkill county.) The qualified electors of the county of Susquehanna shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions and oyer and terminer ; and one person to fill the of- fices of register of wills, recorder of deeds, and clerk of the orphans' court. The qualified electors of the county of Tioga shall elect one person to fill the offices of prothonotary, clerk of the courts of the general quarter sessions and oyer and terminer ; and one person to fill the of- fices of register of wills, recorder of deeds, and clerk of the orphans' court. The quaUfied electors of the county of Union shall elect-one person to fill the offices of prothonotary, clerk of the courts of general quar- ter sessions, and oyer and terminer and orphans' court ; and one per- son to fill the offices of register of wills, and recorder of deeds. The qualified electors of the county of Venango shall elect one per- son to fill the offices of prothonotary of the common pleas [and dis- trict] courts, clerk of the courts of general quarter sessions, oyer and terminer, orphans' court, register of wills, and recorder of deeds. (By the Act of February 13, 1857, P. L. 35, one person is elected prothonotary and clerk of quarter sessions and oyer and terminer, and one person as register of wills, recorder of deeds and clerk of the or- phans' court, in Venango county.) The qualified electors of the county of Warren shall elect one per- son to serve as prothonotary, clerk of the courts of general quarter 42 sessions, oyer and terminer, orphans' court, register of wills and re- corder of deeds. (By Sec. 31, Act of April 11, 1848, P. L. 365, one person is elected prothonotary and clerk of courts, and one person as register, recorder and clerk of the orphans' court in Warren county.) The qualified electors of the county of Washington shall elect one person to fill the ofifi'Ce of prothonotary; one person to fill the office of clerk of the courts of general quarter sessions, and oyer and ter- miner and orphans' court; one person to fill the office of register of wills ; and one person to fill the offi'ce of recorder of deeds. The qualified electors of the county of Wayne shall elect one per- son to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court ; and one per- son to fill the offices of register of wills, and recorder of deeds. The qualified electors of the county of Westmoreland shall elect one person to fill the offices of prothonotary, clerk of the courts of general quarter sessions, oyer and terminer and orphans' court; and one person to fill the office of register of wills and recorder of deeds. (By Sec. 4, Act of March 13, 1853, P. L. 215, one person is elected prothonotary, and one person as clerk of quarter sessions, oyer and terminer and orphans' court in Westmoreland county.) The qualified electors of the county of York shall elect one person to fill the office of prothonotary; one person to fill the offices of clerk of the courts of general quarter sessions, oyer and terminer and or- phans' court; one person to fill the office of register of wills; and one l-erson to fill the office of recorder of deeds. Sec. 1, Act of July 2, 1839, P. L. 559. Since the passage of this act, the following provisions have been made for the following counties not included in this section: In Blair county, by Sec. 6, Act of February 26, 1846, P. L. 64, one per- son is elected to tTie office of prothonotary, clerk of quarter sessions, oyer and terminer, and orphans' court, and one person as register of wills and recorder of deeds. In Carbon county, by Sec. 4, Act of April 13, 1843, P. L. 230, one person is elected prothonotary and clerk of quarter sessions, oyer and terminer, and orphans' court, and one person as register of wills and recorder of deeds. In Clarion county, by Sec. 1, Act of April 8, 1852, P. L. 296, one per- son is elected prothonotary, clerk of quarter sessions and oyer and terminer, and one person as register of wills, recorder of deeds, and clerk of the orphans' court. In Forest county, by Sec. 11, Act of May 20, 1857, P. L. 612, one person is elected prothonotary, clerk of quarter sessions, oyer and terminer and orphans' court, register of wills and recorder of deeds. In Fulton county, by Sec. 22, Act of April 19, 1850, P. L. (1851) 805, one person is elected prothonotary, clerk of quarter sessions, oyer 43 and terminer and orphans' court, register of wills and recorder of deeds. In Lawrence county, by Sec. 4, Act of March 25, 18S0, P. L. 277, one person is elected prothonotary and clerk of quarter sessions, oyer and terminer and orphans' court, and one person as register of wills and recorder of deeds. In Montour county, by Sec. 4, Act of May 3, 18S0, P. L. 658, one person is elected prothonotary and clerk of the several courts, and one person as register of wills and recorder of deeds. In Sullivan county, by Sec. 2, Act of March 12, 1849, P. L. 154, one person is elected prothonotary, clerk of quarter sessions, oyer and terminer and orphans' court, register of wills and recorder of deeds. In Wyoming county, by Sec. 4, Act of April 4, 1842, P. L. 222, one person is elected prothonotary and clerk of quarter sessions, and oyer and terminer, and one person as register of wills and 'recorder of deeds. In the counties of Cameron, Elk and Snyder no specific provisions can be found providing for the holding of the offices of prothonotary, clerk of courts, register of wills and recorder of deeds. There are merely general provisions in the acts erecting the counties (see note Sec. 1 above), that "the inhabitants of said county shall be entitled to have all offices to which other bounties of this state are entitled under the constitution and laws of this Commonwealth." Lackawanna county was erected by decree of court (see note to Sec. 1 above.) The officers of the county were probably provided for in this decree. 53. ELECTION AND DESIGNATION OF OFFICERS IN COUNTIES OF 40,000 NOT CREATED SEPARATE JUDICIAL DISTRICTS. In each of the counties of the commonwealth con- taining forty thousand inhabitants, and not heretofore created a judicial district under section five, article five of the constitution, there shall be elected one person to fill the offices of prothonotary, clerk of the court of general quarter sessions and oyer and terminer, and another person to fill the offices of clerk of the orphans' court, register of wills and recorder of deeds at the expiration of the terms of the persons now filling and exercising such offices in such counties, and the persons so elected shall hold such offices for the time and under the terms provided by existing laws therefor. Sec. 1, Act of June 12, 1893, P. L. 462, No. 331. 54. ELECTION AND DESIGNATION OF OFFICERS IN COUNTIES OF 40,000 POPULATION CREATED SEPARATE JUDICIAL DISTRICTS. In each of the counties of the common- wealth, containing forty thousand inhabitants, which hereafter may be created separate and independent judicial districts, under section five, article five, of the constitution, there shall be elected one person to fill the office of prothonotary, one person to fill the office of the clerk of the courts of general quarter sessions and oyer and ter- 44 miner, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds at the expiration of the terms of the persons now filling and exercising such offices in such counties, and the persons so elected shall hold such offices for the time and under the terms provided by existing laws therefor. Sec 1, Act of June 12, 1901, P. L. SS9, No. 265. 55. ELECTION AND DESIGNATION OF OFFICERS IN COUNTIES OVER 30,000 POPULATION WHERE OFFICES ARE HELD BY ONE PERSON. In each of the counties of the Commonwealth now or hereafter containing over thirty thousand in- habitants, and in which the offices of prothonotary, clerk of the court of quarter sessions, clerk of the court of oyer and terminer, register of wills, recorder of deeds, and clerk of the orphans' court, are now or may hereafter be held by one person, there shall be elected one person to fill the offices of prothonotary, clerk of the court of quarter sessions, and clerk of the court of oyer and ter- miner, and one other person to fill the offices of register of wills, re- corder of deeds and clerk of the orphans' court, at the expiration of the terms of the persons now or at any time hereafter filling and ex- ercising such offices in such counties, and the persons so elected shall hold such offices for the time and under the terms provided by ex- isting laws therefor. ^ Sec. 1, Act of June 1, 1911, P. L. 538, No. 196. 56. IN COUNTIES OVER 150,000 POPULATION RE- CORDER OF DEEDS AND REGISTER OF WILLS TO BE SEPARATE. From and after the passage of this act the qualified electors of each county of this commonwealth, having a populatioii of over one hundred and fifty thousand inhabitants, shall elect one person to fill the office of recorder of deeds and one person to fill the office of register of wills : Provided, That the election for either or both of said officers shall take place in each of said counties at the general election preceding the expiration of the term or terms of the present incumbents. Sec. 1, Act of May 21, 1901, P. L. 271, No. 178. 57. IN COUNTIES WHERE SEPARATE ORPHANS' COURT IS ESTABLISHED, REGISTER OF WILLS TO BE CLERK OF SUCH COURT. APPOINTMENT OF ASSISTANTS. In any county in which a separate orphans' court shall be established, the register of wills shall be clerk of such court and subject to its di- rections, in all matters pertaining to his office ; he may appoint as- sistant clerks, but only with the consent and approval of said court. Constitution, Art V, part of Sec. 22. 45 58. IN COUNTIES WHERE THERE IS SEPARATE OR- PHANS* COURT, REGISTER OF WILLS TO BE CLERK OF ORPHANS' COURT. APPOINTMENT OF ASSISTANTS. WHERE NO SEPARATE ORPHANS' COURT, CLERK TO BE ELECTED AS HERETOFORE. The register of wills of each county, in which a separate orphans' court is now or hereafter shall be established, shall be clerk of such, court, and subject to its di- rections in all matters pertaining to his office; and he may appoint an assistant clerk, or clerks, but only v/ith the consent and approval of said court. ' In each county having no separate orphans' court, a clerk of the orphans' court shall be elected and commissioned in accordance with the existing law. Part of Sec. 8, Act of June 7, 1917, P. L. 363. See also Sec. 1, Act of April 25, 1889, P. L. 52, No. 55 (Sec. 168 be- low), which is largely supplied by the above text. 59. REGISTER OF WILLS TO BE CLERK OF ORPHANS' COURT WHERE SEPARATE ORPHANS' COURT EXISTS IN COUNTIES OVER 150,000 POPULATION. APPOINTMENT OF FIRST ASSISTANT CLERK IN COUNTIES LESS THAN 700,000 POPULATION. APPOINTMENT OF ADDITIONAL ASSISTANTS. The register of wills of each and every county con- taining over one hundred fifty thousand inhabitants, in which a separate orphans' court is or may be hereafter established, shall be clerk of such orphans' court and subject to its directions in all mat- ters pertainiilg to his office. The judge or judges of said court, in counties containing a population of less than seven hundred thou- sand, may appoint the first assistant clerk; and the said register of wills may, with the consent and approval of said court appoint addi- tional assistant clerks. Part of Sec. 1, Act of March 31, 1915, P. L. 41, amending Sec. 5, Act of May 19, 1874, P. L. 206, as amended. The constitutionality of this provision is somewhat doubtful. See Sec. 57 above. * 60. FILLING OF VACANCIES. That in case of the death of any person elected to any of the said offices before entering upon the duties thereof, it shall be the duty of the Governor to appoint a suit- able person to fill such office, who shall be confirmed by the Senate if in session, and who shall continue therein and discharge the duties thereof until the first Monday of January next succeeding the first [general] election which shall occur three or more months after the appointment of such officer and until his successor shall be duly qualified ; and whenever any vacancy in any such office shall other- 46 wise occur, a successor shall be elected at the next [general] elec- tion which shall occur three or more months after the happening of such vacancy, who shall hold his office for three years and until his successor shall be qualified. Sec. 1, Act of March 17, 1897, P. L. 4, amending Sec. 4, Act of July 2, 1839, P. L. 559. County officers are now elected at the municipal election in odd numbered years. See constitutional amendment of 1909, Sec. 27, above.' (i) Jury Commissioners. 61. ELECTION, QUALIFICATION, TERM. At the general election to be held on the second Tuesday of October, Anno Domini ^one thousand eight hundred and sixty-seven, and [triennally] there- after, at such election, the qualified electors of the several counties, of this commonwealth shall elect, in the manner now provided by law, for the election of other county officers, two sober," intelligent and judicious persons to serve as jury commissioners in each of said counties, for the period of [three] years ensuing their election ; but the same person, or persons, shall not be eligible for re-election more than once in any period of six years : Provided, That each of said; qualified electors shall vote for one person only as jury commissioner; and the two persons having the greatest number of votes, for jury commissioner, shall be duly elected jury commissioners for such; county. Sec. 1, Act of April 10, 1867, P. L. 62. The time of election and the term of office are fixed by the consti- tutional amendments or 1909 and 1913. The jury commissioners, as all other county officers, are elected at the municipal election in odd numbered years for a term of four years. 62. FILLING OF VACANCY BY PRESIDENT JUDGE QUALIFICATION. TERM. NOT APPLICABLE TO PHILA- DELPHIA. In case of the inability of either, or all, of the said jury commissioners, by sickness, death, or other unavoidable cause, to dis- charge the duties of said office, or in case of neglect, or refusal,] to serve thereon, it shall be the duty of the president judge, in such county wherein said vacancy may have occurred, to appoint a suit able person, or persons, as the case may be, possessing the qualifica- tions aforesaid, to perform the duties of said office, during such vacancy ; and suc)i person, or persons, after having complied withithe requirements of the third section of this act (Sec. 471 below), shall proceed to discharge the duties of said office during the remaindei| of the term so vacated: Provided, That the provisions of this act^ shall not apply to the city of Philadelphia. Sec. 7, Act of April 10, 1867, P. L. 62. 47 (j) Incompatible Offices. 63. PROTHONOTARY AND CLERK OF COURT. No per- son hereafter elected shall be capable of holding and exercising-, at the same time, the office of justice of the peace and that of prothono- tary or clerk of any court. Sec. 4, Act of May IS, 1874, P. L. 186, No. 120. 64. DISTRICT ATTORNEY. No district attorney shall be eligible to a seat in the legislature, or to any other office under the laws and constitution of the state, during his continuance in of- fice. Sec. 6, Act of May IS, 1874, P. L. 186, No. 120. 65. COUNTY COMMISSIONERS. No county commissioner shall be eligible to serve as member of the board of health, or direc- tor of the public schools, during his continuance in office. Sec. 7, Act of May IS, 1874, P. L. 186, No. 120. 66. COUNTY OFFICES WITH MEMBERS OF COUNCILS. Members of councils shall not hereafter hold any city or county of- fices in the choice of the people, while serving as a member of said councils. Sec, 14, Act of May. IS, 1874, P., L. 186, No. 120. See also Sec. 11 below. 67. PENALTY FOR HOLDING CERTAIN INCOMPATIBLE OFFICES. DISPOSITION OF FINES. If any person after the expiration of six months from the passing of this act, shall exercise any offices or appointments, the exercise of which is by this act de- clared to be incompatible, every person so offending shall, for every such offense, being thereof legally convicted in any court of record, forfeit and pay any sum not less than fifty nor more than five hun- dred dollars, at the discretion of the court ; one moiety of the said for- feiture to be paid to the overseers, guardians or directors of the poor of the township, district, county or place where such offense shall have been committed, to be applied to the support of the poor, and the other moiety thereof to the prosecutor who shall sue for the same. Sec. 3, Act of May IS, 1874, P. L. 186, No. 120. This penal provision covers the four sections immediately preceding. This section was repealed in so far as it relates to boroughs by the Act of May IS, 1915, P. L. 312. 68. AUDITOR. No person shall be eligible to the office of county auditor, who within two years, shall have been treasurer of the county. Sec. 1, Act of February 18, 1871, P. L. 79. 48 69. AUDITOR AND TREASURER. So tmich of the third sec- tion of the a(ft, entitled "An act relating to the election of county- treasurers and for other purposes," approved the 27th of May, Anno Domini 1841, (following section) as makes a county auditor in- eligible to the office of county treasurer until the expiration of one year, after the term for which he shall have been elected, is hereby repealed : Provided, No person holding the office of county auditor shall at the same time be county treasurer. Sec. 2, Act of February 18, 1871, P. L. 19. 70. TREASURER. No judge, clerk, or prothonotary of any court, register of wills, recorder of deeds, county commissioner, or county auditor, shall be eligible to election as county treasurer, dur- ing their continuance (in) office, nor shall any county commissioner, or county auditor be eligible until the expiration of one year next after the term for which they shall have been elected, nor shall any county treasurer serve in such office for more than two years, in any term of four years. ' Sec. 3, Act of May 27, 1841, P. L. 400. The part of this section providing that no county treasurer shall serve for more than two years in any term of four, is supplied by Sec. 1, Art. 14, of the constitution, Sec. 26, above, which provides that "no * * * treasurer shall be eligible for the term next succeeding the one for which he may be elected." See also preceding section. The section has been repealed and otherwise affected as to in- dividual counties by local acts. 71. COUNTY CONTROLLER IN COUNTIES OF 100,000 AND OVER. No person holding office under the United States shall be eligible to the office of county controller during his continuance in office as aforesaid, nor until one year thereafter; and the county commissioner, covmty treasurer, prothonotary, register of wills, clerk of the courts, recorder of deeds, sheriff and district attorney and their chief clerks or deputies shall be eligible, for two years, to the office of county controller, provided the said controller shall always be eligible to re-election or appointment. Sec. 2, Act of June 27, 189S, P. L. 403, I>fo. 288. For establishment of this office see Sec. 35 above. 72. COUNTY CONT^ROLLER WHERE OFFICE IS ESTAB- LISHED ON PETITION TO COMMON PLEAS. No person holding office under the United States shall be eligible to the office of county controller during his continuance in office as aforesaid; and the county commissioner, county treasurer, prothonotary, reg- ister of wills, clerk of the courts, recorder of deeds, sheriff, and 49 district attorney, and their chief clerks or deputies, shall be ineligible to the office of county controller : Provided, The said controller shall always be eligible to re-election or appointment. Sec. 2, Act of May 6, 1909, P. L. 434, No. 242. For establishment of this office see Sec. 37 above. 73. CLERK OF COURT OF QUARTER SESSIONS, CLERK OF ORPHANS' COURT, OR SURVEYOR. No member of con- gress, from this state, nor any person holding, or exercising any office or appointment of trust or profit, under the executive, legislative, or' judiciary departments of the government of the United States, shall at the same time, hold, exercise, or enjoy, the office of clerk of the court of quarter sessions, clerk of the orphans' court, or [deputy- surveyor,] under this commonwealth. Sec. 1, Act of March 6, 1812, P. L. 85. The office of deputy-surveyor was changed to county surveyor by Sec. S, Act of April 9, 1850, P. L. 434 (Sec. 44 above), and also by the Constitution, Art. XIV, Sec. 1 (Sec. 26 above). 74. CLERK OF COURT OF QUARTER SESSIONS, CLERK OF THE ORPHANS' COURT, OR SURVEYOR. PENALTY. The holding of the office of clerk of the court of quarter sessions, clerk of the orphans' court, or [deputy-surveyor,] under this com- monwealth, is hereby declared to be incompatible with the holding any office or appointment under the United States; and the office or appointment so holden under the government of this state, shall be, and the same is hereby declared to, be null and void; and every person continuing to hold such commission, office, or appointment, after the fourth of March, one thousand eight hundred and thirteen, shall be subject to all the penalties of the act to which this act is supplementary. Sec. 2, Act of March 6, 1812, P. L. 85. The office of deputy-surveyor was changed to county surveyor by Sec. 5, Act of April 9, 1850, P. L. 434, and also by the Constitution, ■ Art. XIV, Sec. 1. 75. PROTHONOTARY OR CLERK OF COURT. REGISTER OF WILLS. Nor shall any prothonotary or clerk of any court prac- tice as -aforesaid, in the court of which he shall be prothonotary or clerk. Nor shall the register of wills of any county practice as aforesaid, in the Orphans' court of the same county. Part of Sec. 75, Act of April 14, 1834, P. L. 333. 76. DISTRICT ATTORNEY MAY HOLD OFFICE IN MILITIA. Section six of an act entitled, "An act providing for the election of district attorneys," approved May third, Anno Domini 4 I 50 one thousand eight hundred and fifty, shall not be construed so as to prohibit the district attorney of any county from holding any office or commission in the militia of the state. Sec. 1, Act of January 30, 1871, P. L. 13. 71. NO COUNTY OFFICER TO SERVE AS MEMBER OF COUNCIL IN CITIES OF THE THIRD CLASS. No [officer of the United States or of the State of Pennsylvania (except notaries public or officers of the miUtia), nor any] county officer, [or any of- ficer or employe of any school district embraced in the territory of said city, or any other officer or any employe of said city, or any department thereof,] shall serve as a member of council during his continuance of employment, except as hereinafter provided. Part of Sec. 1, Act of April 21, 1915, P. L. 139, amending Sec. I, Art. IV, Act of June 27, 1913, P. L. 568. 78. OFFICE OR POSITION UNDER FIRST CLASS CITY INCOMPATIBLE WITH ANY UNDER COUNTY. [No person i^hall hold more than one office or position of profit under the city government, and] no person shall hold any office or position of profit under the city, or any department thereof, while holding any other of- fice or position of profit in or under the Government of [the United States, of this Cpmmonwealth, or] any county, [city, or other poli- tical subdivision thereof: Provided, That nothing in this act con- tained shall apply to the office of notary public, commissioner of deeds or any office in the military or naval service of the United States or of this Commonwealth, and that nothing in this act shall prevent persons holding office ex-officio by virtue of occupying an- other office or position.] Sec. 3, Art. IV, Act of June 25, 1919, P. L. 581. 79. COUNCILMAN OF FIRST CLASS CITY INCOM- PATIBLE WITH COUNTY OFFICES. No person shall hold the office of councilman while holding any other office, position, or em- ployment of profit under [the city, any department, board, commis- sion, or agency thereof, under this Commonwealth,] any county, [city, or other political subdivision thereof, or under the United States, except that of notary public or an office in the military or naval service of the United States, or of this Commonwealth. No councilman shall be eligible to any office, position, or employment of profit under the city, any department, board, commission, or agency thereof, during the term for which he shall have been elected as councilman.] Sec. 3, Art. XVI, Act of June 25, 1919, P. L. 581. 51 80. CERTAIN COUNTY OFFICERS NOT ELIGIBLE AS SCHOOL DIRECTOR. [Any citizen of this Commonwealth, hav- ing a good moral character, being twenty-one (21) years of age or upwards, and having been a resident of the district for at least one (I) year prior to the date of his election or appointment, shall be eligible to the date of his election or appointment, shall be eligible to the office of school director therein:] Provided, That any person holding the office of [mayor, chief burgess,] county commissioner, district attorney, [city, borough, or township treasurer, city council- man, township commissioner, road supervisor,] tax-collector, any comptroller, auditor, [constable, county superintendent or assistant county superintendent] shall not be eligible as a school director in this Commonwealth. Sec. 1, Act of June 20, 1919, P. L. 517, amending Sec. 207, Act of May 18, 1911, P. L. 309. 52 CHAPTER V. OATH OF OFFICE. OFFICIAL BONDS AND RECOGNIZANCES. (a) Oath of Office. 81. OF OFFICERS GENERALLY. HOW ADMINISTERED. PENALTIES. [Senators and Representatives and all judicial, State and] county officers shall, before entering on the duties of their re- spective offices, take and subscribe the following oath or affirma- tion : "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity ; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing, to procure my nomination or election (or appoint- ment,) except for necessary and proper expenses expressly author- ized by law; that I have not knowingly violated any election law' of this Commonwealth, or procured it to be done by others in my be- half; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-perform- ance of any act or duty pertaining to my office, other than the com- pensation allowed by law." The foregoing oath shall be administered by some person author- ized to administer oaths, and [in the case of State officers and Judges of the Supreme Court] shall be filed [in the office of the Secretary cf the Commonwealth, and] in the case of [other judicial and] county officers, in the office of the prothonotary of the county in which the same is taken; any person refusing to take said oath or affirmation shall forfeit his office ; and any person who shall be con- victed of having sworn or affirmed falsely, or having violated said oath or affirmation, shall be guilty of perjury, and be forever disquali- fied from holding any office of trust or profit within this Common- wealth. [The oath to the members of the Senate and House of Representatives shall be administered by one of the judges of the Supreme Court or of a court of common pleas, learned in the law, in the hall of the House to which the members shall be elected.] Constitution, Art. VII, Sec. 1. 53 82. DISTRICT ATTORNEY TO TAKE OATH BEFORE COURT OF COMMON PLEAS. And on the first Monday of [November] after said election, the person who is legally elected shall appear in the court of cofnmon pleas of said county, if in ses- sion, and if not, then at the next session of said court, and then, in open court, take and subscribe the same oath or affirmation as is required to be taken by the attorney-general, which oath shall be entered upon the records of said court. Part of Sec. 2, Act of May 3, 1850, P. L. 654. The first part of this section deals with the conducting of elections of district attorney and is supplied by the general election laws. The terms of county officers now commence on the first Monday of January following their election. See Constitutional Amendment of 1909, Sec. 27 above. The form of the oath is prescribed by Art. VII, Sec. 1, of the Constitution, preceding section. 83. OF COUNTY SURVEYOR. The person so elected shall, at the next court of quarter sessions of the proper county, or as soon thereafter as practicable, take and subscribe an oath or affirmation to perform all the duties of his office with fidelity. Sec. 7, Act of April 9, 1850, P. L. 434. Form of oath is prescribed by Art. VII, Sec. 1, of the Constitution. Sec. 81 above. 84. OF THE REGISTER OF WILLS. Every person who shall be elected or appointed to the office of register of wills, before he shall enter upon the duties of the office shall make oath or affirmation to support the Constitution of the United States, and the Constitu- tion of this Commonwealth, and to perform the duties of the office of register with fidelity. Clause (a), Sec. 1, Act of June 7, 1917, P. L. 415. (b) Bond of Commissioners. 85. COMMISSIONERS TO GIVE BOND. APPROVAL OF SURETIES. AMOUNT. CONDITIONS. ACKNOWLEDG- MENT. RECORDING. FILING. The county commissioners of the several counties of this Commonwealth hereafter elected, shall, before entering upon their official duties, each give bond, with sure- ties to be approved by the court of quarter sessions of the same county, or by one of the judges thereof, and in such penalty as the said court shall deem sufficient, not less than two thousand dollars each, for the faithful discharge of all duties enjoined upon them by law, and for the faithful and legal appropriation of all county and other moneys which said commissioners have any authority to draw out of the county treasury, upon checks or orders given by them, or 54 over which they have control; the said bonds shall be taken in the name of the Commonwealth of Pennsylvania for the use of the county, and shall be acknowledged before the recorder of deeds of the same county, and recorded in his office at the cost of the county, and the original bonds shall be filed in the office of the court of quarter ses- sions: Provided, That the provisions of this act shall not apply to any county in which county commissioners are now required by law to give bonds conditioned for the faithful performance of their du- ties. Sec. 1, Act of May 24, 1878, P. L. 118, No. 149. 86. CLERK OF COMMISSIONERS TO ENTER INTO BOND. AMOUNT. The clerk so appointed shall enter into a bond to the county with sufficient sureties for the faithful performance of his duties in such sum as may be designated by the commissioners. Sec. S, Act of April 18, 1899, P. L. 56. For appointment of clerk, see Section 335 below. (c) Oath and Bond of Controller. 87. IN COUNTIES OVER 100,000 POPULATION. Before en- tering on the duties of his office the controller shall give bond to the county for which he may be elected, with at least two sureties, in the sum of twenty thousand dollars to be approved by the court of common pleas of said county, conditioned for the faithful perform- ance of his duties and those of his deputy. The controller and his deputy and clerks shall also each take and subscribe the oath or af- firmation as prescribed by article seven, section first of the constitu- tion of the commonwealth, a wilful violation of which shall be per- jury. Said oaths and bonds to be recorded in the recorder's office of the proper county, and then filed and kept in the commissioner's office, and the records thereof, or certified copies of the same, shall be used in evidence in all judicial proceedings with the same effect as the originals. Sec. 3, Act of June 27, 1895, P. L. 403. 88. WHERE OFFICE IS ESTABLISHED ON PETITION TO COURT OF COMMON PLEAS. Before entering on the duties of his office, the controller shall give bond to the county for which he may be elected, with at least two sureties, in the sum of twenty thousand dollars, to be approved by the court of common pleas of said county, conditioned for the faithful performance of his duties and those of his deputy. The controller and his deputy and clerks shall, also, each take and subscribe the oath or affirmation as pre- scribed by article seven, section first of the Constitution of the Com- 55 monwealth, a wilful violation of which shall be perjury. Said oaths and bonds to be recorded in the recorder's office of the proper county, and then filed and kept in the commissioner's office, and the records thereof, or certified copies of the same, shall be used in evidence in all judicial proceedings, with the same effect as the originals. Sec. 3, Act of May 6, 1909, P. L. 434. (d) Bonds of Treasurer. 89. ON BEHALF OF COUNTY. APPROVAL. CONDI- TIONS. Each county treasurer shall give bond with sureties, to the satisfaction of the commissioners, conditioned for the faithful per- formance of the duties of his office ; for a just account of all moneys that may come into his hands on behalf, of the county ; for the de- livery to his successor in office, of all books, papers, documents and other things, held in right of his office, and for the payment to him of any balance of money, belonging to the county remaining in his hands. Sec. 33, Act of April 15, 1834, P. L. 537. This section is re-enacted by Sec. 4, Act of May 27, 1841, P. L. 400, Section 341 ^elow. 90. IN FAVOR OF COMMONWEALTH. APPROVAL OF SECURITY AND AMOUNT. CONDITION. ACKNOWLEDG- MENT. RECORDING AND FILING. Each county treasurer shall, also, before entering upon the duties of his office, give a bond with sufficient security, to be approved of by at least two of the judges of the Court of Quarter Sessions of the same county, and in such penalty as the said judge shall deem sufficient, conditioned for the faithful discharge of all duties enjoined upon him by law in behalf of the Commonwealth, and for the payment, according to law, of all moneys received by him for the use of the commonwealth, which bond shall be taken by, and acknowledged before the Recorder of Deeds of the same county, and recorded in his office, at the cost of the county treasury, and the original bond shall be forthwith trans- mitted to the Auditor General. Sec. 34, Act of April 15, 1834, P. L. 537. This section is re-enacted by Sec. 4, Act of May 27, 1841, P. L. 400, Sec. 341 below. 91. CERTIFIED COPY AS EVIDENCE. Copies of the record of the official bond of any county treasurer, acknowledged and re- corded as aforesaid, and duly certified by the Recorder of Deeds for the time being, shall be good evidence in any action brought 56 against such treasurer or his sureties on such bond, according to its form and effect, in the same manner as the original would be if pro- duced and offered in evidence. Sec. 35, Act of April IS, 1834, P. L. 537. 92. WHEN AUDITOR GENERAL TO DELIVER UP BOND OF TREASURER. It shall be the duty of the Auditor General, at the request of any person who may be authorized for that purpose, to deliver up the bonds and obligations entered into by the county treasurers of th^ several counties of the State, for the faithful per- formance of their duties, after the Auditor General and State Treas- urer shall be fully satisfied that the said county treasurer has settled his accounts and paid all demands due the Commonwealth: Pro- vided, Such bond shall be held by the Auditor General one year after the settlement of said accounts. Sec. 1, Act of April 1, 1835, P. L. 101, No. 68. (e) Bond of Recorder of Deeds. 93. IN CERTAIN COUNTIES. AMOUNTS. CONDITIONS. The persons herein and hereby appointed to the offices aforesaid, be- fore they enter on the duties of their respective offices, shall severally take the oath or affirmation, agreeable to the said constitution, and give bond to the [Speaker of the House of Assembly] for the time being, with one or more sufficient sureties, in the following sums respectively, that is to say : [the Register for the city and county of Philadelphia, in the sum of one thousand pounds;] the Recorder of deeds for the said city and county of Philadelphia, in the sum of fif- teen hundred pounds; the [Register and] Recorder of deeds for the county of Bucks, in the sum of one thousand pounds ; the [Register and] Recorder of deeds for the county of Chester, in the sum of fifteen hundred pounds ; the [Register and] Recorder of deeds for the county of Lancaster, in the sum of fifteen hundred pounds; the [Register and] Recorder of deeds for the county of York, in the sum of twelve hundred pounds ; the [Register and] Recorder of deeds for the county of Cumberland, in the sum of twelve hundred pounds ; the [Register and] Recorder of deeds for the county of Berks, in the sum of one thousand pounds; the [Register and] Recorder of deeds for the county of Northampton, in the sum of one thousand pounds; the [Register and] Recorder of deeds for the county of Bedford, in the sum of six hundred pounds ; the [Register and] Recorder of deeds for the county of Northumberland, in the sum of six hundred pounds ; and the [Register and] Recorder of deeds for the county pf Westmoreland, in the sum of six hundred pounds ; which said bonds shall severally be conditioned for the true and faithful execution of 57 their several and respective offices, and for delivering up the records and other writings belonging to the said respective offices whole, safe and undefaced, to their successors in the said offices. Sec. 3, Act of March 14, 1777, 1 Sm. L. Page 443, Chap. 737. This act in so far as it relates to the register of wills was repealed by Sec. 26, Act of June 7, 1917, P. L. 415. By Sec. 1, Act of March 12, 1791, 3 Sm. L. 8, bonds and recognizances directed to be given to the Commonwealth are taken by the Secretary of the Commonwealth. There is no general act providing for the bonds of recorders of deeds. The bonds of the recorders in counties not enumerated in the above section are probably fixed by local acts in the individual case, except- ing in counties between 800,000 and 1,500,000 inhabitants, for which see Sec. 114 below. (f) Bond of Register of Wills. 94. BOND REQUIRED. APPROVAL OF SECURITY. AMOUNT. CONDITIONS. ACKNOWLEDGMENT. RECORD- ING. FILING. COPIES TO BE EVIDENCE. CERTAIN COUNTIES EXCLUDED. He (register of wills) shall also, with one or more sureties, to be approved by the judge, or judges, if there be more than one, of the orphans' court of the county for which the register shall be elected or appointed, and also by the Governor, give a joint. and several bond to the Commonwealth, in a sum equal to half the sum prescribed by law for the official bond of the sheriff for the time being of the same county, with condition faithfully to execute the duties of his said qffice, and well and truly to account for and pay, according to law, all moneys received by him for the use of the Commonwealth, and to deliver up the books, seals, records, and other writing belonging to his said office, whole, safe and unde- faced, to his successor in office ; which said bond shall be for the use of all persons concerned, and for the relief of all who may be ag- grieved by the acts or neglect of such register. Every person, elected or appointed as aforesaid, shall cause the bond hereinbefore prescribed, being duly acknowledged by him and his sureties before a judge of the orphans' court of the county, to be recorded by the recorder of deeds of the county, and as soon after- wards as convenient to be transmitted into the office of the Secre- tary of the Commonwealth for custody, of which transmission he shall be entitled to receive the secretary's certificate without fee or reward. Copies of the record of the official bond of any register, acknowl- edged and recorded as aforesaid, and duly certified by the- recorder of deeds for the time being, shall be good evidence in any action 58 brought against him or his sureties on such bond, according to its form and effect, in the same manner as the original would be if pro- duced and offered in evidence. The provisions of this clause shall not apply to registers of wills in counties having over eight hundred thousand, and under one million five hundred thousand, inhabitants, according to the last preceding United States census. Clause (b) of Sec. 1, Act of June 7, 1917, P. L. 415. For amount of sheriff's bond, see Sees. 101 and 102 below. For register's bond in counties between 800,00d. and 1,500,000 inhabitants, see Sec. 114 below. 95. NO LIABILITY ON BOND WHEN REGISTER ACTS ON ORDER OF ORPHANS' COURT. Whenever letters testa- mentary, or of administration, shall have been heretofore, or shall be hereafter, granted by the register of wills of any of the counties in this Commonwealth, by the direction and in pursuance of an order of the orphans' court, and conformably thereto, the said register and his sureties shall not be liable on the register's official bond for any loss or damage which may have accrued, or which may hereafter accrue, to any person in consequence of the compliance of said register with the said order of the orphans' court. Clause (c) of Sec. 1, Act of June 7, 1917, P. L. 415. (g) Bonds of Prothonotary and Clerks of Courts. 96. BOND REQUIRED. 'APPROVAL OF SURETIES. AMOUNT. CONDITIONS. The prothonotaries and clerks of the several courts of this Commonwealth shall, before. they enter upon the duties of their offices, respectively, [make oath or affirmation to support the constitution of the United States and the constitution of this Commonwealth, and to perform the duties of the respective of- fice with fidelity; they shall also,] with one or more sureties, to be approved of by any two of the judges of the court of Common Pleas of the respective county and also by the Governor, give a joint and several bond to the Commonwealth, in such sum as the Governor shall judge sufficient with condition faithfully to execute the duties of their respective offices, and well and truly to account for any pay according to law all monies which shall be received by them in their official capacity, and to deliver the books, seals, records, writings and papers belonging to their respective offices whole, safe and undefaced to their successors therein. Sec. 76, Act of April 14, 1834, P. L. 333. This section in so far as it provides for the taking of an oath is sup- plied by Art, VII, Sec. 1, of the Constitution, Sec. 81 above. 59 97. OF DEPUTY PROTHONOTARY IN COUNTIES BE- TWEEN 1,000,000 AND 250,000 POPULATION. The deputy pro- thonotary shall give bond in the penal sum of ten thousand dollars, with one or more sureties, to be approved by the prothonotary of said county, conditioned for the proper and faithful performance of all his duties. Sec. 2, Act of June 9, 1911, P. L. 753. (h) Bonds and Recognizances of Sheriff and Coroner. 98. BOND AND RECOGNIZANCE REQUIRED OF SHERIFF. Every sherifif before he shall be, commissioned or exe- cute any of the duties of his office, shall enter into a recognizance and become bound in a bond with at least two sufficient sureties in the sums and manner hereinafter mentioned. Sec. 62, Act of April IS, 1834, P. L. 537. 99. FORM OF SHERIFF'S RECOGNIZANCE. The form of the recognizance to be taken from the sherifif of each county, and his sureties, shall be as follows, to wit : "You (A. B. C. D. and E. F.) do acknowledge that you owe unto the Commonwealth of Pennsylvania, the sum of to be levied and made of your several goods and chattels, lands and tenements, upon condition that if yoil (A. B.) shall, and do without delay and according to law, well and truly serve and execute all writs and process of the Commonwealth of Pennsylvania, to you directed, and shall and do from time to time, upon request to you for that purpose made, well and truly pay or cause to be paid to the several suitors and parties interested in the execution of such writs and process, their lawful attorneys, factors, agents or assigns, all and every sum and sums of money to them re- spectively belonging, which shall come to your hands, and shall and do from time to time and at all times during your continuance in the office of the sherifif of the county of well and faithfully execute and perform all and singular, the trusts and duties to the said office lawfully appertaining, then this recognizance to be void or else to be and remain in full force and virtue. Taken and acknowl- edged the day of , A. D Before me Recorder of Deeds, for the county of Sec. 64, Act of April IS, 1834, P. L. 537. 100. FORM OF SHERIFF'S BOND. The form of the bond to be given by the sheriff and his sureties, shall be as follows, to wit: "Know all men by these presents, that we (A. B. C. D. and E. F.) are held and firmly bound unto the Commonwealth of Pennsylvania, 60 in the sum of dollars, to be paid to the said Commonwealth, for the uses, intents and purposes declared and appointed by law, to which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly be these presents, sealed with our seals, dated the - day of , Anno Domini The conditions of the above obligation is such, that if the said (A. B.) shall and do, without delay, according to law, well and truly serve and execute all writs and process of the said Commonwealth to him directed, and shall and do, from time to time, upon request to him for that purpose made, well and truly pay or cause to be paid, to the several suitors and parties interested in the execution of such writs or process, their lawful attorney, factors, agents, or assigns, all and every sum and sums of money to them respectively belonging, which shall come to his hands ; and shall and do from time to time, and at all times during his continuance in the said office, well and faith- fully execute and perform all and every of the trusts and duties to the said office appertaining; then this obligation to be void, or else to be and remain in full force and virtue." Sec. 65, Act of April IS, 1834, P. L. 537. 101. AMOUNTS OF RECOGNIZANCES AND BONDS OF SHERIFF BY COUNTIES. PROVISION FOR NEW COUN- TIES. The recognizances and bonds of the several sheriffs of this Commonwealth, shall be taken in the following sums respectively, to wit: City and county of Philadelphia, eighty thousand dollars. County o County o County o County o County o County o County o County o County o County o County o County o County o County o County o County o County o Bucks, twenty thousand dollars. Chester, twenty thousand dollars. Lancaster, thirty thousand dollars. York, twenty thousand dollars. Berks, thirty thousand dollars. Cumberland, fifteen thousand dollars. Northampton, fifteen thousand dollars. Bedford, ten thousand dollars. Northumberland, fifteen thousand dollars. Westmoreland, fifteen thousand dollars. Washington, fifteen thousand dollars. Fayette, ten thousand dollars. Franklin, fifteen thousand dollars. Montgomery, fifteen thousand dollars. Dauphin, fifteen thousand dollars. Luzerne, fifteen thousand dollars. Huntingdon, fifteen thoiisand dollars. 61 County o County o: County o: County o: County o County o: County o: County o: County o: County o County o: County o: County o County o County o County o County o County o: County o: County o: County o: County o: County o: County o: County o: County o: County o: County o: County o: County o: County o County o: County o: County o: Allegheny, twenty-five thousand dollars. Mifflin, ten thousand dollars. Delaware, ten thousand dollars. Lycoming, ten thousand dollars. Somerset, twelve thousand dollars. Greene, five thousand dollars. Wayne, six thousand dollars. Adams, ten thousand dollars. Centre, ten thousand dollars. Crawford, five thousand dollars. Beaver, ten thousand dollars. Butler, eight thousand dollars. Mercer, six thousand dollars. Erie, seven thousand dollars. Warren, five thousand dollars. Venango, eight thousand dollars. Armstrong, ten thousand dollars. Indiana, ten thousand dollars. Jeiferson, seven thousand dollars. McKean, five thousand dollars. Clearfield, five thousand dollars. Potter, (when organized,) five thousand dollars. Tioga, eight thousand dollars. Cambria, eight thousand dollars. Bradford, ten thousand dollars. Susquehanna, eight thousand dollars. Schuylkill, ten thousand dollars. Lehigh, fifteen thousand dollars. Lebanon, fifteen thousand dollars. Columbia, fiften thousand dollars. Union, fifteen thousand dollars. Pike, six thousand dollars. Perry, ten thousand dollars. Juniata, ten thousand dollars. And the recognizance and bond of the sheriflf, of each new county, which shall hereafter be erected and organized, shall be taken in the sum of five thousand dollars, and for every representative of such new county, in the General Assembly, more than one, in the addi- tional sum of four thousand dollars. Sec. 63, Act of April IS, 1834, P. L. 537. 62 102. AMOUNTS OF SHERIFF'S RECOGNIZANCES AND BONDS IN CERTAIN COUNTIES. On and after the passage of this act, the recognizances and bonds of the several sheriffs of this commonwealth shall be taken on the following terms, to wit : In all counties containing more than one hundred and fifty thou- sand and less than two hundred and fifty thousand of a population, in sixty thousand dollars. In all coimties containing more than fifty thousand, and less than one hundred and fifty (thousand), in twenty-five thousand dollars. In all counties containing more than thirty thousand, and less than fifty thousand, in fifteen thousand dollars. In all counties containing more than ten thousand, and less than thirty thousand, in ten thousand dollars. In all covmties containing less than ten thousand, in eight thousand dollars : Provided, That the provisions of this act shall not be so construed as to affect or alter the character of the lien or the length cf its duration, as against either the sheriff or his sureties, as the form of the recognizance, or bonds now prescribed under existing laws. All laws or parts of laws not consistent herewith are hereby re- pealed. Sec. 1, Act of April 21, 1876, P. L. 46. 103. RECOGNIZANCES OF SHERIFF TO CONTINUE A LIEN FOR A CERTAIN TERM. Recognizances entered into by the sheriffs of the several counties of this commonwealth shall con- tinue to be a lien on the real estate owned by said sheriffs, re- spectively, at the dates of said recognizances, for the term of ten years from said dates; and that everj^ recognizance heretofore exe- cuted by any sheriff, of any county in this commonwealth, shall be a lien on the real estate of said sheriff, owned by him at the time when said recognizance was dated, for the like term of ten years from the date the:*eof : Provided, That in every case where the term of ten years has already expired from the date of any such recog- nizance, and the presumption of payment thereof shall not already have arisen by the lapse of twenty years from its date, the lien of said recognizance shall continue and remain for the term of one year from the passage of .this act: Provided, That this act shall in no way affect the recognizance of the sheriff of the county of Phila- delphia. Sec. 1, Act of April 3, 1860, P. L. 650, No. 565. 104. SHERIFF LIABLE IN CERTAIN CASES AFTER EX- PIRATION OF LIEN OF RECOGNIZANCE. The expiration of the lien of any sheriff's recognizance upon the real estate owned by 63 such sherifif, under the provisions of this act, shall not release such sheriff, his administrators or executors, from liability to answer any claims which may be estabUshed for damages occasioned by official delinquency or misconduct of said sheriff. Sec. 2, Act of April 3, 1860, P. L. 650, Na 56S. 105. BOND AND RECOGNIZANCE REQUIRED OF CORO- NER. AMOUNT. The coroner of each county, before he shall be commissioned, or execute any of the duties of his office, shall enter into a recognizance and become bound in a bond, with at least two sufficient sureties, in one-fourth of the sum which shall be by law required from the sheriff of the same county. Sec. 66, Act of April 15, 1834, P. L. 537. 106. CONDITION OF RECOGNIZANCE AND BOND OF CORONER. The condition of the recognizance and bond to be given by the coroner, shall be, that such coroner will "well and truly per- form all and singular the duties to the said office of coroner apper- taining;" and such recognizance and bond shall be a security to the Commonwealth, and to all persons whomsoever, for the faithful dis- charge and due performance of all the duties required by law from such coroner. Sec. (il. Act of April IS, 1834, P. L. 537. 107. RECOGNIZANCES TO BE RECORDED AND FILED. Every such recognizance entered into by a sheriff and coroner, shall be taken by the recorder of deeds of the proper county, and recorded in his office; and when so recorded, shall be by him transmitted to the Secretary of the Commonwealth, with a certificate, endorsed by such recorder, of its having been duly recorded. Sec. 68, Act of April 15, 1834, P. L. 537. 108. SUFFICIENCY OF SURETIES TO BE APPROVED. Before any such bond or recognizance shall be taken by the recorder of deeds, the sufficienc}'' of the sureties therein named shall be sub- mitted to and approved of by the judges of the court of common pleas of the proper county, or by any two of them, for that purpose convened, who shall certify their appi:obation of such sureties to the recorder; and no commission shall afterwards be granted until the Governor shall have also approved of the sufficiency of such sureties. Sec. 69, Act of April 15, 1834, P. L. 537. ^ 109. WHO MAY NOT BECOME SURETY. SAME PERSON NOT TO BE SURETY FOR SHERIFF AND CORONER. Pro- vided, That no judge, clerk or prothonotary of any court or attorney 64 at law, shall be permitted to become a surety in such bond or recognizance, and that no person shall be received as surety for a sheriif and for a coroner at the same time. Sec. 70, Act of April IS, 1834, P. L. 537. 110. COPIES OF RECORD TO BE GOOD EVIDENCE. Copies of the record of any such bond or a recognizance, acknowl- edged and recorded as aforesaid, and duly certified by the recorder of deeds for the time being, shall be good evidence in any action brought against the obligors or cognizors, according to its form and effect, in the same manner as the original would be if produced and of- fered in evidence. Sec. 71, Act of April 15, 1834, P.' L. 537. 111. REAL ESTATE OF SHERIFF AND CORONER AND THEIR SURETIES TO BE BOUND. DUTY OF RECORDER. ENTRY ON DOCKET. All the real estate, within the same county, of a sheriff and coroner and their respective sureties, shall be bound by a recognizance, taken in manner aforesaid, as effectually as by a judgment to the same amount in any court of record of such county; and it shall be the duty of every recorder of deeds, so soon as a sheriff ' or coroner shall be commissioned, to certify the recognizance taken by him to the Prothonotary of the court of Common Pleas of the same county, who shall enter the names of the parties thereto upon his docket, in like manner as judgments are by law directed to be en- tered. Sec. 74, Act of April 15, 1834, P, L. 537. 112. SALE OF REAL ESTATE BOUND BY LIEN. PETI- TION TO COURT. RELEASE OF LIEN. ADDITIONAL OR SUBSTITUTED SURETIES IN CERTAIN CASES. Hereafter if the sheriff or coroner of any county in this Commonwealth or any surety for such sheriff or coroner shall make sale of any real estate, bound by the lien of any recognizance and bond, as principal or as surety therefor, such sheriff or coroner or surety may represent a petition to the court of common pleas of the proper county in which said recognizance and bond were taken, accompanied by notice of his sureties or cosureties, as the case may be, setting forth the fact of such sale and praying for a release of lien of said recognizance and bond upon the real estate described in the petition, and the said court may release said lien upon such land, the court being satisfied of the sufificiency of the sureties or the remaining sureties after the lien shall have been released, or, in any such cascy the court may, before it rC- 65 leases the lien upon such real estate, approve of additional sureties to be added or substituted" as su'ch court shall determine to be neces- sary. Sec. 1, Act of July 17, 1919, P. L. 1036, amending Sec. 1, Act of June 8, 1881, P. L. 81. 113. WHEN SHERIFF OR CORONER IS APPOINTED TO FILL VACANCY RECOGNIZANCE AND BOND TO BE GIVEN. AMOUNT. Whenever a vacancy shall happen in the of- fice of sheriff or coroner, which is to be filled by a new appointment, in the majiner prescribed by the constitution of this Commonvvfcalth, the person so to be appointed shall enter into recognizance, and give bond with sureties, to be approved in manner aforesaid, in such sum as shall be determined on by the judges of the court of Common J-'leas of the same county, or by any two of them for that purpose convened. Sec. 76, Act of April IS, 1834, P. L. 537. (i) Bonds of OlFicers in Counties between 1,500,000 and 800,000 Inhabitants. 114. AMOUNT OF BONDS. The amount of bond to be given by county officers, in counties having over eight hundred thousand and less than one million five hundred thousand inhabitants, accord- ing to the last preceding United States census, shall be as follows : Of the clerk of the courts of oyer and terminer and general jail de- livery, and courts of quarter sessions of the peace, ten thousand dol- lars. Of the county commissioners, ten thousand dollars each. Of the county controller, fifty thousand dollars. Of the coroner, fifteen thousand dollars. Of the register of wills, thirty thousand dollars. I Of the prothonotary, forty thousand dollars. Of the recorder, twenty thousand dollars. Of the sheriff, sixty thousand dollars. Of the county treasurer, two hundred thousand dollars. Sec. 1, Act of April 28, 1915, P. L. 198, No. 109. 115. SURETIES. PAYMENT OF PREMIUMS. CONDI- TIONS AND CUSTODY OF BONDS. COPIES OF BONDS TO BE EVIDENCE. NOT TO APPLY TO TREASURER'S BOND IN FAVOR OF COMMONWEALTH. The sureties to be fur- nished by such county officers on said bonds, shall be one or more surety companies authorized to do business in the Commonwealth of 66 Pennsylvania and approved by the Insurance Commissioner, and the premiums for such bonds shall be paid out of the county treasury. Each of said bonds shall be conditioned for the faithful discharge by such county officer of all trusts confided in him, and of all duties re- quired by him by law; for the faithful accounting and payment, ac- cording to law, of all money received by him; and shall be taken in the name of the propef county, and shall be for the use of the county and of the Commonwealth, and for the use of such other party or parties, for whom he shall collect or receive money, as the interest of each shall appear, in case of a breach of the conditions thereof: Provided, That nothing herein contained shall affect the bonds re- quired to be given by the county treasurer of such county to the Commonwealth of Pennsylvania, under section thirty-four of an act of Assembly approved April fifteenth, one thousand eight hundred and thirty-four, and such bonds shall continue to be given and paid for in the manner provided for by such law. The custody of each of said bonds shall belong to the county controller of the proper county, except the bond of the county controller, the custody of which shall belong to the county commissioners of the proper county. A copy of any of said bonds, certified by the county controller, or the clerk to the county commissioners, as the case may be, shall be competent evidence thereof in any judicial proceeding. Sec. 2, Act of April 28, 1915, P. L. 198, No. 109. (j) General Provisions. 116. COUNTY OFFICERS ADDITIONAL SECURITY. PROCEDURE. REMOVAL FROM OFFICE. FILLING OF VACANCY. The court of common pleas of the county in which any prothonotary, sheriff, county treasurer, [brigade-inspector] or other public officer may reside, from whom, by law, security is required for the performance of his official duties, shall have the power to ex- amine into the manner of the performance of said official duties, and the ability and solvency of the sureties of any such officer, at any time during his tenure of office, and to require from him such other or ad- ditional security, for the performance of his official duties, as they shall deem expedient; and such jurisdiction shall be exercised in the following manner, to wit : whenever any person or persons shall ap- ply to the said court, by petition, verified by affidavit, and setting forth that the solvency of such public officer, or of any one or more of his official sureties, has become impaired or diminished, since the execution and approval of their official bond, or that such officer has become liable for neglect of duty, or become a drunkard, and that the (by) reason thereof the said officer and his duties are not worth the amount of penalty of his said bond, or that said sureties are likely to 67 suffer loss on account of misconduct of such officer; it shall be law- ful for said court, or any judge thereof, in vacation, to award a cita- tion to such officer and his sureties directed, commanding them to appear at the next term of the said court, to answer the matters al- leged in said petition, and show cause why the said officer shall not give other and further security, which shall be served and returned, as is directed by law, in regard to citations in the orphans' court ; and on the return thereof, or such time as shall be fixed for the purpose, the said court shall hear the said parties and examine the facts of the case. And if said court shall be satisfied that the sureties of such of- ficers are insufficient, or have become liable for neglect of duty of such officer, or likely to become so from his intemperance, said court shall order and direct that he shall, within such time as shall be fixed by said court, enter into a new official bond, with sureties to be ap- proved by the court, or two of the judges thereof, in lieu of the for- mer bond; and upon the execution and approval of such bond, it shall be recorded or filed in the proper office, in like manner as the original bond of such officer ; and the sureties therein, shall be respon- sible in the same manner as the sureties in such original bond, who shall, upon the approval of such new bond, be discharged from all responsibility. And in case the said officer shall neglect or refuse to give such other security as aforesaid, the said court shall transmit to the governor of the commonwealth an exemplification of their pro- ceedings in the premises, and the governor shall thereupon remove such deUnquent from office, and shall give the proper and legal notice of such removal ; and the vacancy thereby occasioned in such office shall be filled as is directed by existing laws, in regard to vacancies occurring by death or resignation. Sec. 1, Act of April 21, 1846, P. L. 432. 117. COURT TO GRANT JURY TRIAL AND DECREE. PAYMENT OF COSTS. In all proceedings under this act, the said court shall, at the request of said officer or his sureties, direct an issue to be made on the facts set forth in said petition, to be tried by a jury, without delay ; and shall have power to make such decree respecting the payment of all costs in said proceedings, as may be just and equitable. Sec. 2, Act of April 21, 1846, P. L. 432. 118. WHEN NEW BONDS TO BE GIVEN BY CERTAIN OFFICERS. In^case any [city or] county treasurer or other public officer of this commonwealth, charged with the safe-keeping, trans- fer or disbursement of public money, who has given or hereafter shall give bonds with security, for faithfully paying over or account- ing for such public money, in any manner prescribed by law ; and such treasurer or other public officer as aforesaid, or any of their sureties lespectively, shall become insolvent or in failing circumstances, or any such sureties shall die or abscond, it shall and may be lawful, in any such case, for the state treasurer to require new bonds with new security, to be approved of in like manner as the original bond and sureties are now by law required to be given and approved. Sec. 81, Act of May 18, 1857, P. L. 559. 119. PREMIUM MAY BE PAID BY COUNTY WHEN EM- PLOYE'S BOND IS ENDORSED BY SURETY COMPANY. When any employe of any county, [city, borough, school-district, or township] of this Commonwealth shall be required to give a bond for the faithful performance of his duties, and such bond shall be re- quired to be endorsed by a surety company, it shall be lawful for such county, [city, borough, school-district, or township] to pay the premium on such bond. Sec. 1, Act of May 23, 1907, P. L. 225, No. 173. This act was repealed as to boroughs by the Act of May 12, 1915, P. L. 312; and as to townships by the Act of July 14, 1917, P. L. 840. 69 CHAPTER VI. COMPENSATION. FEES. (a) Compensation. Salaries. 1. General Provisions. 120. COMPENSATION TO BE REGULATED. DISPOSI- TION OF FEES. IN COUNTIES OVER 150,000 OFFICERS TO BE PAID BY SALARY. LIMITATION. The compensation of county officers shall be regulated by law, and all county officers who are or may be salaried shall pay all fees which they may be authorized to receive, into the treasury of the county or State, as may be directed by law. In counties containing over one hundred and fifty thousand inhabitants all county officers shall be paid by salary, and the salary of any such officer and his clerks, heretofore paid by fees, shall not exceed the aggregate amount of fees earned during his term and col- lected by or for him. Constitution, Art. XIV, Sec. 5. 121. IN COUNTIES OVER 150,000 POPULATION OF- FICERS. DEPUTIES AND CLERKS TO BE PAID A FIXED SALARY. PAYMENT. Ail county officers within the counties to v/hich this act applies (counties over 150,000 population) whether elected by the people or appointed according to law, and their sev- eral deputies and clerks, shall be paid for their services by fixed and specific salaries which shall be a charge upon the treasury of the county to which each shall respectively belong to the extent (except as hereinafter provided) of the fees collected and paid in by each of- ficer respectively, or earned where fees are chargeable upon the county treasury, and said salaries shall be paid monthly, except as herein otherwise provided, on the second Monday of the month suc- ceeding that in which his services were rendered; but no warrant shall be drawn for the payment of any of said officers, his deputies or clerks, who shall not have filed the receipt and transcript provided for in this act : Provided, however. That all county officers, their deputies and clerks, in offices wherein fees are no longer by law collected or received, shall be paid said salaries on the first secular day of the month succeeding that in which said services were rendered. Sec. 1, Act of May 24, 1893, P. L. 127, No. 79, amendinsr Sec. 5. Act of Mar. 31, 1876, P. L. 13. 70 122. SALARIED OFFICERS TO PAY FEES INTO COUNTY TREASURY. EXCEPTION, All county officers in this common- wealth, who are or may be salaried, shall pay all fees which they may he entitled to receive by virtue of their office into the county treasury of their respective counties, where existing laws do not provide for the payment of the same intb the state treasury. Sec. 1, Act of June 11, 1879, P. L. 133, No. 136. 123. IN COUNTIES COEXTENSIVE WITH CITIES OF THE FIRST CLASS. COMPENSATION OF OFFICERS AS AGENTS OF THE COMMONWEALTH. Whenever the total compensation or commissions which are allowed or paid by this com- monwealth to any county officer for services in acting as agent of the commonwealth in counties co-extensive with cities of the first class for the collection of moneys, or whenever the total compensation or commission retained by such county officer, acting as such agent, out of the funds collected for the commonwealth, shall exceed the sum of five thousand dollars during any one year, his annual salary for all services in relation to such collections, and in relation to all matters appurtenant thereto for such year, shall be and is hereby fixed at the sum of five thousand dollars, and any compensation or commissions in excess of that sum, which he might otherwise be entitled to re- ceive or retain, shall belong to the commonwealth and shall be re- turned to the state treasurer. Sec. 1, Act of July 10, 1901, P. L. 630. 124. DEPUTIES AND CLERKS RECEIVING SALARY TO MAKE OATH OR AFFIRMATION. PAYMENT. All deputies and clerks receiving a salary shall make oath or affirmation before the count)' controller or president of the board of county commissioners, • that they have duly rendered services for which they claim a salary; and said salary shall be paid direct to the person entitled to receive the same. Sec. 8, Act of March 31, 1876, P. L. 13. 125. IN COUNTIES OVER 1,000,000 POPULATION. PAY- MENT OF EMPLOYES RECEIVING AN ANNUAL SALARY. Employes of counties having a population of over one million in- habitants, who receive an annual salary, shall be paid semi-monthly, on the first day and the fifteenth day of the month. Sec. 1, Act of April 23, 191S, P. L. 174, No. 95. 71 126. IN COUNTIES BETWEEN 1,500,000 AND 800,000 POPU- LATION CERTAIN EMPLOYES TO RECEIVE INCREASE IN SALARY. TIME FROM WHICH PAYMENTS TO BE MADE. JURISDICTION TO ENFORCE ACT BY MANDAMUS. Coun- ties having, a population of more than eight hundred thousand and less than one million five hundred thousand inhabitants, are required to grant to all employes of such counties engaged in any service or occupation vi^hatsoever and receiving a salary of fifteen hundred dol- lars or less, an increase of at least one hundred and fifty dollars per annum; and it is hereby declared as a legislative intent that it was the intention of the Legislature that the act to which this is an amend- ment should apply to all employes of said counties whose duties and salaries are fixed by statute, as well as to those employes whose duties and salaries were not so fixed ; and that all such increases in salaries should be paid from the first Monday of January, one thousand nine hundred eighteen, in accordance with the provisions of the second section of the act to which this is an amendment. Jurisdiction is hereby conferred upon the courts of common pleas of the several counties to enforce by mandamus the provisions of this act. Sec. 1, Act of July 8, 1919, P. L. 733, amending Sec. 1, Act of July 20, 1917, P. L. 1158, No. 400. 127. WHEN ACT TO TAKE EFFECT. This act shall take ef- fect on the first day of January, one thousand nine hundred and eight- een. Sec. 2, Act of July 20, 1917, P. L. 1158, No. 400. 2. Of County Officers Designated. 128. IN COUNTIES BETWEEN 1,200,000 AND 500,000 POPU- LATION. In all counties now or hereafter containing over eight hundred thousand inhabitants, and less than one million two hundred thousand inhabitants, the annual salaries of the county officers shall be as follows : — Of the district attorney, ten thousand dollars. Of the sheriff, eight thousand dollars. Of the coroner, eight thousand dollars. (See note.) ' Of the assistant coroner, two thousand dollars. Of the prothonotary, eight thousand dollars. Of the clerk of the courts of quarter sessions, oyer and terminer and general jail delivery, eight thousand dollars. Of the recorder of deeds, eight thousand dollars. ^ , Of the register of wills and ex-officio clerk of the orphans' court, five thousand dollars. 72 Of the treasurer, eight thousand dollars. Of the commissioners, eight thousand dollar^ each. Of the controller, eight thousand dollars. And in all counties containing over five hundred thousand, and less than eight hundred thousand, inhabitants, the annual salaries of the county officers shall be as follovi^s : — Of the district attorney, six thousand dollars. (See note.) Of the sheriff, eight thousand dollars. Of the coroner, five thousand dollars. Of the prothonotary, six thousand five hundred dollars. Of the clerk of the courts of quarter sessions, oyer and terminer and general jail delivery, six thousand dollars. I Of the register of wills and ex-officio clerk of the orphans' court, five thousand dollars. Of the recorder of deeds, six thousand dollars. Of the county treasurer, six thousand dollars. Of the jail physician, eighteen hundred dollars. (See note.) Of the county controller, six thousand dollars. Of the jury commissioners, twelve hundred dollars each. Of the county commissioners, six thousand dollars each. Of the county engineer, where such office exists, three thousand dollars. (See note.) Provided, That where the office of county engineer and county sur- veyor are held by the same person, he shall receive the salary of the count)' engineer only. Of the court interpreter, tv»relve httndred dollars. Of the county jailor, three thousand dollars. (See note.) Of the county detective, fifteen hundred dollars. Of the assistant coroner, two thousafid dollars. Sec. 1, Act of May 10, 1909, P. L. S03, amending Sec. 1, Act of June 13, 1883, P. L. 113, No. 102. Prior amendments of the Act of 1883 were the Acts of June 16, 1891, P. L. 314 and the Act of Mar. 21, 1899, P. L. 12. The clause in this section providing for the salary of county engineer, where such office exists, in counties between 500,000 and 800,000 popu- lation was amended by the Act of April 24, 1903, P. L. 301, making the salary $4,000. This Act of 1903 cited the amendment of 1891 and over- looked the amendment of 1899. The Act of 1903 was in turn amended ])y the Act of April 14, 1905, P. L. 165, (Sec. 154 below,) which, however, made no change in the salary. These amendments, although not cited by the Act of 1909 above, seem nevertheless to have been considered, as the o'd matter set forth, purporting to be the reading of the Act of 1899 gives the salary of the county engineer as $4,000. It is therefore believed that tho salary is at present fixed by the Act of 1909. The clauses providing for the salary of jail physician and county jailor in counties between 500,000 and 800,000 population were amended by the Act of May 2, 1905, P. L. 350, No. 224, which cited the amendment of 73 1899. This Act of 1505 was overlooked in the present amendment. It fixed the salary of jaii physician at $2,400, and that of the jailor at $5,000. ^^ The salary of the coroner in counties having a population of over 1,000,000 was fixed by a later Act of June 1, 1911, P. L. 556, at $8,000 per annum. The salary of district attorney in counties between 250,000 and 1,- 000,000 is fixed by Sec. 1, Act of July 9, 1919, P. L. 795, at $6,000. 129. IN COUNTIES BETWEEN 500,000 AND 250,000 POPU- LATION. Tlie annual salaries of all county officers in the counties lo v.hich this net applies, which shall have less than five hundred thoi;-.;ind inhabitants each and more than tv/o hundred and fifty thou- sand inhabitants r .ich, be as follows, namely: [Of the district attorney, five thousand dollars.] [Tv/o assistant district attorneys, each one thousand eight hundred dollars.] Of the sheriff, six thousand dollars. Of the coroner, two thousand dollars. Of the prothonotary, six thousand dollars. Of the clerk of the courts, four thousand dollars. Of the register of wills and ex-offieio clerk to the orphans' court, four thoL'.sand dollars. Of the recorder of deeds, four thousand dollars. Of the co'.ir-!" tr';asurer, five thousand dollars. Of county controller, four thousand dollars. - Of county sur\'C3 (ir, where such office exists, one hundred dollars. Of county engineer, vAiere such office exists, one hundred dollars. Provided, That v.'here the offices of county surveyor and county en- g'ineer are held by the same person, he shall receive the salary of _ county engineer only. Of county commissioners, each three thousand dollars. (See note.) Of county solicitor, one thousand five hundred dollars. (See note.) Of count}'" prison warden, two thousand five hundred dollars. Of county detective or special detective, appointed by the district attorney v,-ith the approval of the court of quarter sessions, under act of nineteenth Mny, one thousand eight hundred seventy-four, one thorr-avd eight hundred dollars. Of jury commissioners, each six hundred dollars. Sec. 1, Act of July 10, 1901, P. L. 641, amending Sec. 13, Act of March 31, 1876, P. L. 13, as amended. The salary of the district attorney in counties between 1,000,000 and 250,000, is now fixed by Sec. 1, Act of July 9, 1919, P. L. 795, at $6,000. As to assistant district attorneys see Sec. 1, Act of July 17, 1919, P. L. 995, (Sec. 449 below.) 74 By Sec. 1, Act of May 10, 1909, P. L. 500, (Sec. 136 below,) the salary of the county commissioners in counties between 500,00 and 150,000 is fixed at $4,000 each per annum. By the Act of July 21, 1913, P. L. 870, (Sec. 151 below,) the salary of the solicitor in counties between 1,000,000 and 250,000 population is fixed at $2,000 per annum. 130. IN COUNTIES BETWEEN 250,000 AND 150,000 POPU- LATION. The salaries of all county officers in the counties to which this act applies, which shall have less than two hundred and fifty thousand and over one hundred and fifty thousand inhabitants each, shall be as follows, namely : [Of district attorney, four thousand dollars.] [First assistant district attorney, eighteen hundred dollars.] '[Second assistant district attorney, twelve hundred dollars, when such office is found necessary by the salary board.] Of sheriff, six thousand dollars. (See note.) Of prothonotary, six thousand dollars,. Of clerk of courts, four thousand dollars. Of register of wills and ex-pfficio clerk of the orphans' court, four thousand dollars. , Of recorder of deeds, four thousand dollars. Of county treasurer, five thousand dollars. Of county surveyor, three hundred dollars. Of county commissioners, each twenty-five hundred dollars. (See note.) Of county auditors, where there is a controller, each one hundred dollars. (See note.) Of count}^ solicitor, one thousand dollars. Of county prison warden, two thousand dollars. Of coroner, two thousand dollars. Of county directors of the poor, each fifteen hundred dollars. Of jury commissioner, each five hundred dollars. Of county controller, where such office exists or may be created, four thonstind dollars. Sec. 1, Act of July 2, 1895, P. L. 424, amending Sec. 14, Act of March 31, 1876, P. L. 13. This Act of July 2, 1895, P. L. 424, is unconstitutional in so far as it attempts to fix the salary of the sheriff, as it is in violation of Sec. 3, Art. Ill of the Constitution, for the reason that the title does not men- tion the office of sheriff: Martin vs. Luzerne Co. 13 D. R. 800. As to salary of county commissioners, see note t6 preceding section. The item covering county auditors seems ambiguous. It is probably either a misprint, the proper reading being "where there is no con- troller;" or else the present reading was prompted by the then uncer- tain status of the offices of auditors and controller, caused by the un- constitutionality of the Act of June 8, 1893, P. L. 393, which attempted 75 to create the office of controller and abolish the office of auditors in counties over 150,000 population. The item is now of no value as the office of auditors has been abolished in all counties above 100,000 popu- latin. See Sec. 35 above. Repealed so far as it relates to salaries of district attorneys by Sec. 2, Act of July 9, 1919, P. L. 795; and as to salaries of assistant district attorneys by Sec. 2, Act of July 17, 1919, P. L. 995. 131. NOT TO BE CHANGED BY CHANGE OF POPULA- TION OF COUNTY. The schedule of salaries fixed by this act, (Sec. 129 above,) and the act to which this is a supplement, (Act of March 31, 1876, P. L. 13, Sees. 129 and 130 above,) shall not be altered or changed by the increase or decrease of the population of the county, as shown by any national census, but the same shall be and remain as fixed by law, notwithstanding such increase or decrease of population, until altered by act of assembly. Sec. 2, Act of May 11, 1881, P. L. 21. 132. SALARIES TO BE IN LIEU OF ALL MONEYS, FEES, PERQUISITES OR MILEAGE. SUCH MONEYS, ETC., TO BE PAID INTO TREASURY. The salaries fixed and provided by the foregoing provisions, (Sees. 129 and 130 above), shall be in lieu of all or any moneys, fees, perquisites or mileage, which are now or may hereafter be received by any officer named in this act ; and all said moneys, fees, mileage or perquisites, received by any of them as com- pensation, fees, or perquisites, from any source whatever, shall in all cases belong to the county, and shall be paid into the treasury (ex- cept where required to be paid to the state), as provided in this act. Sec. 15, Act of March 31, 1876, P. L. 13. 133. SALARIES NOT TO EXCEED FEES COLLECTED, LESS AMOUNTS DUE DEPUTIES AND CLERKS. DEFICIT MAY BE MADE UP. All salaries fixed by this act, (Sees. 129 and 130 above), (except in the case of such officers as may be otherwise provided for herein) shall be paid from the amounts paid into the proper county treasury from the respective offices, after ascertaining and deducting the amounts due the deputies and clerks in each office ; and if there has not been a sum sufficient for fees received and paid in, or earned and due by the county for services rendered, to pay the full amount of the salary of any officer holding any of said offices, after deducting the amount due the deputies and clerks, such of- ficer will receive only such proportion of his salarly as shall be equal to the aggregate of the net fees received and earned by him as afore- said, during his term of office during such month : Provided, That if 76 the fees in any subsequent month or months, shall exceed the amount of the expense and salary aforesaid, for such month, the deficit of such salary for such preceding month shall be made up from such excess. Sec. 6, Act of March 31, 1876, P. L. 13. 134. CERTAIN OFFICERS TO BE PAID IN FULL. FEES, ETC., TO BE PAID TO TREASURER. LIMITATION ON OTHER OFFICERS. The county solicitor, county jailor, county commissioners, county controllers, county surveyor or engineer, county detectives, county treasurer, interpreter of courts, district at- torney and his assistants, shall severally be paid monthly or quarterly, and shall be paid the full amount allowed them by law, but all fees and emoluments whatsoever that may accrue to either of them by virtue of their respective offices shall be paid by them to the county treasurer, as directed by law; and all other officers shall be paid the amounts assigned them by law, only when the net receipts of their respective offices shall reach the amounts respectively fixed for them. Sec. 1, Act of May 17, 1901, P. L. 261, No. 168, amending Sec. 16, Act of March 31, 1876, P. L. 13, as amended 135. IN COUNTIES BETWEEN 400,000 AND 250,000 POPU- LATION, SALARY OF CERTAIN DEPUTIES AND CHIEF CLERKS. From and after the passage of this act, in counties hav- ing over two hundred and fifty thousand population and less than four hundred thousand population, the salaries of the deputy clerk of the courts, deputy county controller, deputy recorder of deeds, deputy county treasurer, chief deputy sheriff, and chief clerk to the county commissioners shall be twenty-five hundred dollars ($2,500.00) per annum, each ; payable in monthly instalments by the treasurer of such county, according to existing laws. Sec. 1, Act of June 8, 191S, P. L. 915, No. 405. 3. Of County Commissioners. 136. IN COUNTIES BETWEEN 500,000 AND 150,000. From and after the passage of this act, the salaries of all county commis- sioners throughout this Commonwealth, and in counties having a population exceeding one hundred and fifty thousand and not exceed- ing five hundred thousand, shall be four thousand dollars each per annum. Sec. 1, Act of May 10, 1909, P. L. 500, No. 279. V7 137. IN COUNTIES OF LESS THAN 150,00. The salaries of each member of the board of commissioners in the several counties of this Commonwealth shall be as follows : — In counties having a population of less than twenty thousand, five hundred dollars ; and, where such commissioners are also directors of the poor, then eight hundred dollars. In counties having a population of twenty thousand and over, and less than fifty thousand inhabitants, one thousand dollars ; and, where such county commissioners are also directors of the poor, then eight- een hundred dollars. In counties having a population of fifty thousand and over, and less than seventy-five thousand inhabitants, fifteen hundred dollars ; and, where such county commissioners are also directors of the poor, then twenty-two hundred dollars. In counties •having a population of seventy-five thousand and over, and less than one hundred thousand inhabitants, two thousand dol- lars ; and, where such county commissioners are also directors of the poor, then twenty-six hundred dollars. In counties having a population of one hundred thousand and over, and less than one hundred and fifty thousand inhabitants, twenty- five hundred dollars ; and where such county commissioners are also directors of the poor, then three thousand dollars. In counties over one hundred and fifty thousand inhabitants the salary shall be as now provided by law. Sec. 1, Act of June 7, 1917, P. L. 570. 138. PAYMENT IN FULL EXCEPT FOR NECESSARY EX- PENSES. The salaries herein provided for shall be paid out of the treasuries of the respective counties, and shall be in full and in lieu of all other compensation for the services of jcounty commissioners, except expenses necessarily incurred in the discharge of their of- ficial duties, or in the performance of any service, office, or duty im- posed upon county commissioners. Sec. 2, Act of June 7, 1917, P. L. S70. 139. HOW POPULATION OF COUNTIES ASCERTAINED. The population of the several counties shall be ascertained at any time according to the next preceding decennial census of the United States. Sec. 3, Act of June 7, 1917, P. L. 570. 140. TRAVELING EXPENSES. PAYMENT. From and after the passage of this act, [directors of the poor and] county com- missioners of this commonwealth shall be allowed their traveling ex* 78 penses necessarily incurred in the discharge of their official duties, and the same shall be paid on warrants drawn in their favor on the county treasurer out of the county funds : [Provided, That this act shall not apply to poor directors in counties having local or special laws, under which each poor director is allowed an annual compen- sation of one hundred and fifty dollars or more.] Sec. 1, Act of May 13, 1889, P. L. 200. 141. LOCAL LAWS NOT AFFECTED. So much of all gen- eral acts heretofore passed as are inconsistent herewith are hereby repealed, but this act shall not apply to any local law regulating the same. Sec. 2, Act of May 13, 1889, P. ,L. 200. 142. TRAVELING EXPENSES LIMITED TO THAT AC- TUALLY PAID IN DISCHARGE OF OFFICIAL DUTIES IN COUNTIES OVER 150,000 POPULATION. From and after the passage of this act in each of the counties of this commonwealth con- taining one hundred and fifty thousand inhabitants and over, as shown by the last preceding decennial census, the county commis- sioners shall be allowed no compensation for traveling expenses necessarily incurred, other than that actually paid in the discharge of their official duties, and no warrants for any other claim shall be drawn in their favor out of the country treasur}!- for the same. Sec. 1, Act of June 4, 1897, P. L. 121, No. 100. 4. Of the Auditors. 143. PER DIEM AND MILEAGE. From and after the passage of this act, the auditors of each county shall be allowed, out of the county funds, the sum of five dollars each, for each and every dayi necessarily employed in the discharge of their duties, together with six cents per mile circular, from and to their homes, once for each and every week so employed. Sec. 1, Act of July 19, 1917, P. L. 1115, amending Sec. 1, Act of May 12, 1887, P. L. 95. This act does not operate in counties where the salary of auditors has been fixed by the Act of March 31, 1876, P. L. 13. Rymer v. Luzerne Co., 142 Pa. 108. At present, of course, it applies only to counties below .'^ 100,000 population, as the office of auditors has been abolished in all other counties. See Sec. 35 above. 144. COMPENSATION AND EXPENSES OF AUDITORS AND COSTS OF WITNESSES TO BE PAID BY COUNTY. The amount payable to county auditors for their services and incidental expenses, and the costs of the attendance of witnesses before them, i 79 shall, after the passage of this act, be paid out of the county treasury-, by orders drawn on the county treasurer by the county commissioners of the same county. Sec. 1, Act of April 17, 1869, P. L. 66. This section was repealed as to Lancaster county by Sec. 2, Act of March 25, 1870, P. L. 560. 5. Of the Controller. 145. IN COUNTIES OF 100,000 POPULATION OR OVER WHERE NO PROVISION HAS BEEN MADE. In each county having by any federal census a population of one hundred thousand inhabitants, or over, where no provision has heretofore been made for the salary of controller of such county, the controller shall receive out of the county treasury an annual salary of two thousand five hundred dollars, payable monthly. Sec. 1, Act of March 27, 1913, P. L. 11. This section seems to cover only counties over 1,200,000 and counties between 150,000 and 100,000. Definite provision is made in counties from 1,200,000 to 150,000, Sees. 128 to 130 above. 146. IN COUNTIES WHERE OFFICE HAS BEEN ESTAB- LISHED ON PETITION TO COURT. SUPPLIES, ETC. Ihe county controller [aforesaid] shall receive a salary to be paid by the proper county, as follows: In counties having a population less than ten thousand inhabitants, the sum of three hundred dollars per annum; in counties having a population of over ten thousand and less than twenty thousand, the sum of four hundred dollars per annum ; in counties having a popu- lation of twenty thousand, but less than thirty thousand, the sum of five hundred dollars per annum; in counties having a population of thirty thousand, but less than forty thousand, the sum of six hun- dred dollars per annum ; in counties having- a population of forty thousand, but less than fifty thousand, the sum of eight hundred dol- lars per annum ; in counties having a population of fifty thousand and less than sixty thousand, the sum of one thousand dollars per annum ; in counties having a population of sixty thousand and less than seventy thousand, the sum of one thousand two hundred dollars per/ annum ; in counties having a population of seventy thousand and less than eighty thousand, the sum of one thousand five hundred dol- lars per annum ; in counties having a population of eighty thousand and less than ninety thousand, the sum of two thousand dollars per annum ; in counties having a population of ninety thousand and less than one hundred twenty-five thousand, the sum of two thousand so five hundred dolkrs per annum ; and in counties having a population of one hundred twenty-five thousand and less than one hundred fifty thousand, the sum of three thousand dollars per annum. The said salary shall be in full compensation for the services per- formed by the controller, aforesaid, but the county shall also furnish him all books of record, stationery, blanks, telephone rentals and tolls, postage, and all office supplies necessary in conducting the busi- ness of said office. Sec. 16, Act of May 6, 1909, P. L. 434, No. 242. 6. Of the Treasurer. 147. TO BE FIXED BY COMMISSIONERS AND AUDI- TORS. Each county treasurer shall receive in full compensation for his services on behalf of the county, a certain amount per cent, on all moneys received and paid by him, which rate shall be settled from time to time by the county commissioners with the approbation of county auditors. Sec. 41, Act of April IS, 1834, P. L. 537. This section applies only to counties below 150,000 population.. County of Crawford v. Nash 99 Pa. 253. For other counties see Sees. 128 to 130 above. Where there is a county controller, and the office of auditoi"s has been abolished, the compensation of the treasurer must be fixed with the ap- proval of the controller. Scranton v. Lackawanna Co., 214 Pa. 509. 148. IN CASE OF FAILURE TO FIX COMPENSATION AP- PEAL MAY BE TAKEN. COURT MAY FIX COMPENSATION. In every case v/here the commissioners and auditors have heretofore failed, or shall hereafter fail, to fix the compensation of any county treasurer, an appeal may be taken to the court of common pleas of the proper county by the commissioners or treasurer, in the same manner that appeals may now be taken from the reports of county auditors on settlement of the accounts of county treasurers in this commonwealth: Provided, That no appeal shall be taken in any case where the commissioners and auditors shall have failed to fix such compensation prior to the approval of this act, unless the same shall be taken within thirty days after such approval. And on ""every such appeal the said court shall have power, in its discretion, to fix the compensation aforesaid finally. Sec. 1, Act of April 16, 1875, P. L. 54. 149. CERTAIN FEES AND COMMISSIONS ABOLISHED IN COUNTIES COEXTENSIVE WITH CITIES OF THE FIRST CLASS. All fees and commissions now allowed, received or col- lectible by the treasurer of any county, coextensive in boundary with 81 a city of the first class, for service rendered by him in the receipt, collection, payment and disbursement of revenues for or on behalf of this commonwealth, be and the same are hereby repealed and abolished. Sec. 1, Act of June 6, 1893, P. L. 340, No. 280. 150. NO COMMISSION TO BE ALLOWED IN CERTAIN CASES IN COUNTIES COEXTENSIVE WITH CITIES OF THE FIRST CLASS. P>om and after the passage of this act, no commission shall be allowed to any county treasurer for receiving and disbursing moneys returned by the State Treasurer to any county, or city coextensive with the county, which moneys were re- ceived or collected by said county or city for the use of the Com- monwealth, and for the receiving and disbursing of which the county treasurer has ah^eady received a commission. Sec. 1, Act of June 1, 19.11, P. L. 540, No. 200. 7. Of the Solicitor. 151. IN COUNTIES BETWEEN 1,000,000 AND 250,000. In all counties containing a population of more than two hundred and fifty thousand, and less than one million, as computed by the last pre- ceding United States census, the annual salary of the county solicitor shall be two thousand dollars, payable out of the county treasury. Sec. 1, Act of July 21, 1913, P. L. 870, No. 419. 8. Of the Engineer. (Note: See also Sec. 414 below.) 152. IN COUNTIES BETWEEN 1,400,000 AND 800,000 POPU- LATION. In all counties containing a population of more than eight hundred thousand and less than one million four hundred thousand as computed by the last preceding United States census, the annual salary of the county engineer shall be six thousand ($6,000) dollars, which sum shall be payable in equal monthly instalments out of the county treasury. Sec. 1, Act of July 17, 1919, P. L. 103S. 153. DEPUTY IN COUNTIES BETWEEN 1,400,000 AND 800,000 POPULATION. In all counties containing a population of more than eight hundred thousand and less than one million four hundred thousand, as computed by the last preceding United States census, [the annual salary of the county engineer shall be five thou- S2 sand dollars ($5,000), and] the annual salary of the deputy county engineer shall be three thousand dollars ($3,000), which sums shall be payable in equal monthly instalments out of the county treasury. Sec. 1, Act of May 22, 1917, P. L. 260, No. 140. Salary of county engineers is now fixed by Sec. 1, Act of July 17, 1919, P. L. 1035, (preceding section.) 154. IN COUNTIES BETWEEN 800,000 AND 500,000 POPU- LATION. APPOINTMENT OF DEPUTY. SALARY. RE- MOVAL. [Of the county engineer, where such office exists, four thousand dollars; and] the county engineer, in counties where such office exists, shall have authority to appoint a deputy engineer, whose annual salary shall be twenty-live hundred dollars, to be paid out of the county fund, in like manner as county officers are now paid, and said deputy shall be subject to removal by said engineer. All acts or parts of acts inconsistent herewith are hereby repealed. Sec. 1, Act of April 14, 1905, P. L. 165, amending Sec. 1, Act of April 24, 1903, P. L. 301, which amended a part of Sec. 1, Act of June 13, 1883, P. L. 113, No. 102, as amended. See note to Sec. 128 above. 9. 0£ the Coroner. 155. IN COUNTIES OF 1,000,000 OR OVER. From and after the first day of January, Anno Domini one thousand nine hundred and twelve, the salary or compensation of the coroner of any county of this Commonwealth, having a population of one million or over, shall be at the rate of eight thousand dollars ($8,000) per annum. Such salary or compensation to be paid monthly by the treasurer of such county, according to existing laws. Sec. 1, Act of June 1, 1911, P. L. 556, No. 220. 156. DEPUTY CORONER IN COUNTIES OF 1,500,000 OR OVER. The salary of the deputy coroner of counties having a popu- lation of one million five hundred thousand or over, shall be four thousand eight hundred dollars per annum, which salary shall be paid out of the county treasury. Sec. 1, Act of June 20, 1917, P. L. 1141. 10. Of the District Attorney. Note: For the salaries of assistant district attorneys, see Sees. 444 to 455 below. 157. IN COUNTIES OVER 1,200,000. In all counties of this Commonwealth having over eight hundred thousand inhabitants, the 83 annual salary of the district attorney shall be twelve thousand dol- lars. Part of Sec. 1, Act of March 14, 1905, P. L. 37. The balance of this section is supplied by the Act of June 3, 1919, P. L. 370, (Sec. 444 below.) The salary of the district attorney in counties between 1,200,000 and 800,000 is ten thousand dollars. See Sec. 128 above. 158. IN COUNTIES LESS THAN 1,000,000 POPULATION. The salary of the district attorney, in counties whose population does not exceed ten thousand inhabitants, shall be five hundred dollars per year ; the salary of the district attorneys in counties whose popu- lation is more than ten thousand and does not exceed twenty thou- sand inhabitants, shall be five hundred dollars per year; the salary of the district attorney, in counties whose population is more than twenty thousand and does not exceed thirty thousand inhabitants, shall be six hundred and twenty-five dollars per year; the salary of the district attorney, in counties whose population is more than thirty thousand and does not exceed foily thousand inhabitants, shall be one thousand dollars per year; the salary of the district at- torney, in counties whose population is more than forty thousand and does not exceed fifty thousand inhabitants, shall be twelve hun- dred and fifty dollars per year; the salary of the district attorney, in counties whose population is more than fifty thousand and does not exceed sixty thousand inhabitants, shall be fifteen hundred and sixty-two dollars and fifty cents per year ; the salary of the district at- torney, in counties whose population is more than sixty thousand and does not exceeds seventy thousand inhabitants, shall be eighteen hundred and seventy-five dollars per year; the salary of the district attorney, in counties whose population is more than seventy thou- sand and does not exceed eighty thousand inhabitants shall be twenty-five hundred dollars per year; the salary of the district at- torney, in counties whose population is more than eighty thousand and does not exceed ninety thousand inhabitants, shall be thirty-one hundred and twenty-five dollars per year; the salary of the district attorney, in counties whose population is more than ninety thousand, and does not exceed two hundred and fifty thousand inhabitants, shall be five thousand dollars per year; and the salary of the dis- trict attorney, in counties whose population is more than two hun- dred and fifty thousand and does not exceed one million inhabitants, shall be six thousand dollars per year. Sec. 1, Act of July 9, 1919, P. L. 79S. 159. IN COUNTIES NOT EXCEEDING 150,000 POPULA- TION, TO BE PAID SALARY IN LIEU OF FEES. From and after the passage of this act, the district attorneys In all counties of 84 this Commonwealth, whose population does not exceed one hundred and fifty thousand shall be paid a salary by said counties, which salary shall be in lieu of all fees, and in full compensation for their services. Sec. 1, Act of April 17, 1905, P. L. 170. Quaere: Does this act violate Article XIV, Sec. 5, of the Constitu- tion? (See Sec. 120 above,) which provides that county officers in counties over 150,000 inhabitants shall receive a salary. This act fixes salaries of county officers in counties of less than 150,000 inhabitants in lieu of fees. 160. IN COUNTIES BELOW 150,000 POPULATION. HOW PAID. The salary of the district attorney, in counties whose popu- lation does not exceed one hundred and fifty thousand, shall be paid in quarterly instalments, out of the moneys in the treasury of the county, by the county treasurer, upon warrants drawn by the county commissioners; and the compensation of the assistant district at- torney or attorneys shall be paid in like manner, upon order of the president judge of the court of quarter sessions of said county. Sec. 4, Act of April 17, 1905, P. L. 170. 11. Of the Deputy Prothonptary. 161. IN COUNTIES BETWEEN 1.000,000 AND 250,000 POPU- LATION. That the salary of the deputy prothonotary shall be twenty-five hundred dollars ($2,500) a year, payable in monthly in- stalments, out of the earnings of the office, first after the salary of the prothonotary. Sec. 4, Act of June 9, 1911, P. L. 753. 12. Of the Clerk of Courts. 162. IN COUNTIES OVER 1,400,000 POPULATION. CLERK, DEPUTY AND EMPLOYES. PAYMENT. The salaries, or compensation, of the clerk, deputy clerk, court clerks, and employes in the office of the clerk of the court of oyer and terminer and quarter sessions of the peace, of any county of this Commonwealth having a population of one million four hundred thousand or over, as computed by the last preceding United States Census, shall be as follows: — Clerk of the court of oyer and terminer and quarter sessions of the peace, at the rate of eight thousand dollars per annum ; deputy clerk, thirty-five hundred dollars per annum; three court clerks, each, three thousand dollars per annum; three assistant court clerks, each, sixteen hundred dollars per annum; one record clerk, fifteen hun- dred dollars per annum; one license clerk, one fee clerk, one road clerk, each, fourteen hundred dollars per annum; one search clerk, 85 two subpoena clerks, one assistant license clerk, one assistant road clerk, three assistant record clerks, one custodian of records, five miscellaneous clerks, and one stenographer, at the rate of twelve hundred dollars, each, per annum ; one assistant custodian of records and a messenger, each, at one thousand dollars per annum. Such salaries and compensation to be paid monthly by the treas- urer of such county, according to existing laws. Sec. 1, Act of May 5, 1911, P. L. 194, amending Sec. 1, Act of May 10, 1907, P. L. 196, No. 155. 13. Of the Register of Wills and Clerk of the Orphans' Court. 163. IN COUNTIES OVER 1,500,00 POPULATION. Here- after the salary of register of wills, in every county, of this Com- monwealth containing a population of one million five hundred thou- sand and upwards, shall be ten thousand ($10,000) dollars a year. Sec. 1, Act of July 21, 1913, P. L. 878. 164. IN COUNTIES OF 1,400,000 POPULATION AND OVER. DEPUTY REGISTER, CLERKS AND EMPLOYES. PAY- MENT. The salaries or compensation of the deputy register, clerks, and employes in the office of the register of wills of any county of this Commonwealth having a population of one million four hun- dred thousand or over as computed by the last preceding United States census shall be as follows: Deputy register, at the rate of twenty-five hundred dollars per annum; one chief clerk, seventeen hundred dollars; one assistant chief clerk, sixteen hundred dollars; one bookkeeper and cashier, fifteen hundred dollars ; three transcrib- ing clerks, four recording clerks, one inventory c^erk, four index clerks, three compare clerks, two miscellaneous clerks, four account clerks, two temporary clerks, one search clerk, and two stenographers, each at fifteen hundred dollars per annum ; one messenger, one mes- senger and custodian, and two custodians, each at twelve hundred dollars per annum; and one janitor at one thousand- dollars per annum. Such salaries and compensation to be paid monthly by the treasurer of such county according to existing laws. Sec. 1, Act of July 22, 1919, P. L. 1116, amending Sec. 1, Act of April 4, 1907, P. L. 48, No. 46, as amended by Sec. 1, Act of May 5, 1911, P. L. 183. 165. IN COUNTIES BETWEEN 1,500,000 AND 800,000, FIX- ING SALARIES OF ASSISTANT CLERKS. In all counties of this Commonwealth having a population of over eight hundred thou- sand and less than one million five hundred thousand inhabitants as 86 computed by the last preceding United States census, wherein a separate orphans' court is or may be established, the register of wills and ex-officio clerk of the orphans' court, with the consent and approval of the judges of the said court, is hereby authorized to, and shall, fix the salaries of the assistant clerks of said court. Sec. 1, Act of April 18, 1919, P. L. 53. For provisions in counti,es over 1,400,000 see preceding section. 166. SALARIES TO BE PAID OUT OF FEES OF OFFICE. HOW PAID. PAYMENT WHEN FEES ARE INSUFFICIENT. All salaries, as so fixed by the register of wills and ex-officio clerk of the orphans' court with the consent and approval of the judges of said orphans' court, shall be paid out of the fees of said office as paid into the treasury of the county, upon bills attested by the register of wills and countersigned by a judge of said court, but in the event that the fees received in said office of register of wills be not sufficient to fully pay the register and his assistants, then pay- ment shall be made in full to the said register of wills, but to his assistant? in manner as follows : namely, where there are more than one assistant, then the balance of fees remaining to the credit of said office of register .of wills shall be divided among each of said as- sistant^ in proportion as his salary shall stand to the whole. Sec. 2, Act of April 18, 1919, P. L. 53. 167. IN COUNTIES BETWEEN 800,000 AND 150,000 POPU- LATION. ASSISTANT CLERKS OF THE ORPHANS' COURT. HOW PAID. Said clerks (see Sec. 59 above,) shall re- ceive annual salaries, payable monthly by the treasurer of said re- spective counties, as follows, to wit: In counties containing over two hundred and fiftj'^ thousand inhabitants, the first assistant, thirty- five hundred dollars ; the second assistant, twenty-five hundred dol- lars ; and the third assistant, eighteen hundred dollars ; and in coun- ties not containing over two hundred and fifty thousand inhabit- ants, the first assistant, twenty-five hundred dollars ; the second as- sistant, two thousand dollars; and the third assistant, fourteen hun- dred dollars ; the annual salaries of all other assistants to be fixed by the judge or judges of said court; but said annual salaries not to exceed fifteen hundred dollars each in the larger counties, and twelve hundred dollars each in the smaller counties, as above classified; which salaries shall be paid out of the fees of said office paid into the treasury of the county, upon bills attested by said register and countersigned by a judge of said court. But in the event that the fees received in said office of register of wills be not sufficient to fully pay the register and his assistants, then payment shall be made in full to the said register of wills ; but to his assistants in manner as 87 follows, — namely, where there are more than one assistant, then the balance of fees remaining to the credit of said office of register of wills shall be divided among each of said assistants, in proportion as his salary shall stand to the whole. Part of Sec. 1, Act of March 31, 1915, P. L. 41, amending Sec. S, Act of May 19, 1874, P. L. 206, as amended. Supplied in counties over 800,000 population by three preceding sec- tions. 168. CLERK OF ORPHANS' COURT IN COUNTIES LESS THAN 150,000 POPULATION. APPOINTMENT OF ASSIST- ANTS. SALARY. HOW PAYABLE. The register of wills of each and every county containing less than one hundred and fifty thousand inhabitants, in which a separate orphans' court is now es- tablished, shall be clerk of such orphans' court, and subject to its directions in all matters pertaining to his office ; and he may appoint an assistant clerk, but only with the consent and approval of said court, who shall receive an annual salary of two thousand dollars, payable monthly by the treasurer of said respective counties, which salary shall be paid upon bills attested by said register and counter- signed by a judge of said court. Sec. 1, Act pf April 25, 1889, P. L. 52, No. 55. This section is largely supplied by Sec. 8, Act of June 7, 1917, P. L. 363, Sec. 58 above. 14. Of the Deputy Recorder of Deeds, Etc. 169. IN COUNTIES OF 1,500,000 POPULATION OR OVER. DEPUTY, SOLICITOR, CLERKS AND EMPLOYES. The salaries and compensation of the officers, clerks, and employes in the ' office of the recorder of deeds of any county containing a population of one million five hundred thousand inhabitants or over as com- puted by the last preceding United States census shall be at the following rate per annum : One deputy recorder, four thousand five hundred dollars; one solicitor, four thousar^d five hundred dollars; one chief clerk, two thousand five hundred dollars ; one bookkeeper and assistant cashier, two thousand dollars ; one cashier and assistant bookkeeper, one thousand five hundred dollars; one chief search clerk, two thousand five hundred dollars; three mortgage search clerks, one thousand eight hundred dollars ; two conveyance search clerks, one' thousand eight hundred dollars ; one chief deed index clerk, two thousand one hundred dollars; one chief mortgage index clerk, two thousand one hundred dollars ; two assistant index clerks, one thousand eight hundred dollars; one miscellaneous clerk, one thousand five hun- 88 dred dollars; six miscellaneous clerks, one thousand five hundred dollars; one chief compare clerk, deeds, two thousand one hundred dollars; one chief compare clerk, mortgages, one thousand six hun- dred dollars; one clerk in charge of deeds, one thousand five hun- dred dollars; one clerk in charge of mortgages, one thousand five hundred dollars ; three compare clerks, one thousand six hundred dol- lars; ten compare clerks, one thousand five hundred dollars; one auditor, one thousand five hundred dollars; one stenographer and typewriter, one thousand five hundred dollars ; one receipt clerk, one thousand eight hundred dollars ; one assistant receipt clerk, one thou- sand three hundred dollars ; one delivery clerk, one thousand five hundred dollars; one satisfaction entry clerk, one thousand tv/o hun- dred fifty dollars ; one notation clerk, one thousand eight hundred dollars; one typist in charge of records, one thousand six hundred dollars; one assistant typist in charge of records, one thousand five hundred dollars ; one typist in charge of charters, one thousand six hundred dollars ; two certificate clerks, one thousand five hundred dollars ; four proof typists, one thousand five hundred dollars ; one superintendent of typists, one thousand eight hundred dollars; one assistant superintendent of typists, one thousand six hundred dol- lars ; one messenger in charge of instruments, one thousand five hun- dred dollars ; one recorder's messenger, one thousand one hundred dollars ; fifty-five typists, one thousand five hundred dollars ; one chief clerk copyist, one thousand eight hundred dollars; one assistant chief clerk copyist, one thousand six hundred fifty dollars ; twenty-nine recopyists, one thousand five himdred dollars ; thirty special typists, one thousand five hundred dollars; three registration typists, one thousand five hundred dollars ; one state clerk, one thousand five hundred dollars : one chief custodian," one thousand three hundred dollars ; one custodian of records, one thousand three hundred dol- lars; six custodians of records, one thousand four hundred dollars; two assistant custodians of records, one thousand two hundred dol- lars ; three assistant custodians of records, one thousand two hundred' dollars; one mechanician, one thousand five hundred dollars; two assistant watchmen, one thousand fifty dollars : one janitor, nine hun- dred sixty dollars; two assistant janitors, nine himdred sixty dollars; one bookbinder, one thousand two hundred dollars; and two assist- ant bookbinders, eight hundred dollars. Such salaries and compensation shall be paid by the treasurer of the respective county out of the fees of such office as provided bv law. Sec. 1, Act of July IS, 1919, P. L. 961. 170. IN COUNTIES BETWEEN 1,500,000 AND 1,400,000 POPULATION. DEPUTY RECORDER. The salary, or com- pensation, of the deputy recorder, in the office of the recorder of 89 deeds of any county of this Commonwealth having- a population of one million four hundred thousand or over, as computed by the last pre'ceding United States census, shall be four thousand dollars per annum; such salary and compensation to be paid monthly by the treasurer of said county. Sec. 1, Act of May S, 1911, P. L. 197, No. 147, amending Sec. 1, Act of April 27, 1909, P. L. 264. Supplied in counties over 1,500,000 by preceding section. 15. Of the Jury Commissioners. 171. PER DIEM AND MILEAGE. Each of said jury commis- sioners shall be allowed and paid out of the respective county treas- ury, four dollars per day, and four cents per mile circular from the residence of the commissioners to the court-house. Sec. 1, Act of June 25, 1913, P. L. 567, No. 365, amending Sec. 5, Act of April 10, 1867, P. L. 62. This section is supplied as to counties between 1,500,000 and 800,000 population by Sec. 1, Act of May 13, 1915, P. L. 302, see following sec- tion. 172. IN COUNTIES BETWEEN 1,500,000 AND 800,000 POPU- LATION. PAYMENT. In counties having over eight hundred thousand, and less than one million five hundred thousand inhabit- ants, according to the last preceding United States census, the an- nual salaries of the jury commissioners, county jailor, and jail phy- sician shall be as follows : — Of the jury commissioners, twelve hundred dollars each. [Of the county jailor, five thousand dollars.] [Of the jail physician, twenty-four hundred dollars.] Such salaries to be paid monthly out of the county treasury. Sec. 1, Act of May 13, 1915, P. L. 302, 16. Of the Board of Viewers. 173. SALARY. MILEAGE. PER DIEM. In counties having more than one million inhabitants, each meniber of said board of viewers shall receive an annual salary of five thousand dollars, pay- able quarterly out of the treasury of the proper county. In counties containing less than one million inhabitants, each raember of the said board of viewers shall receive, and be paid out of the treasury of the proper county, the suin of five (5) cents per mile for each mile actually and necessarily traveled by him in the performance of the duties of his office ; and each member of the said board of viewers shall receive, and be paid out of the treasury of the proper county- the sum of seven and fifty one-hundredth ' dollars. 90 (p. SO), per day for each day actually and necessarily spent by him in the performance of the duties of his office, lite same shall be paid monthly, under such conditions as to verification of time of employ- ment as may be prescribed by the rules and regulations which shall be made in that behalf by the courts of the respective counties. Sec. 1, Act of June 5, 1919, P. L. 393, amending Sec. 4, Act of June 23, 1911, P. L. 1123, as amended by part of Sec. 1, Act of May 29, 1913, P. L. 386. (b) Salary Board. 174. IN COUNTIES OVER 1,500,000 AND IN COUNTIES BETWEEN 300,000 AND 150,000 POPULATION TO CONSIST OF CONTROLLER AND COMMISSIONERS. DUTIES. OF- FICERS AFFECTED TO SIT WITH BOARD. DECISION. APPEALS. MINUTES. The county commissioners, and county controllers where such office exists, in all the respective counties coming under the provisions of this act, (counties over 150,000 population,) shall be and they are hereby constituted a board for their several counties respectively, whose duty it shall be to meet together, from time to time, as they may be required by any of the officers whose salaries are established by this act, for the purpose of ascertaining and determining the number of deputies or clerks re- quired for the proper dispatch of business by each of such officers, and for fixing the salary of each of said clerks and deputies; when- ever said board is assembled to consider the case of any one of said officers, the officer holding it shall sit as a member of the board so long as the case of such officer is under consideration and no longer, and a decision of a majority shall govern. But if, after such decision is made, any officer shall think that the number of his clerks or deputies is too few, or the compensation fixed for either is too small, as the same may have been determined by the board, he may ap- peal from the action thereof to the judge or judges of the court of common pleas of the county in which he is an officer, who shall hear and determine such appeal as promptly as possible, and their de- cision thereon shall be final. Each of said boards shall keep a cor- rect minute-book of its proceedings in all cases heard and deter- mined by it. Sec. 7, Act of March 31, 1876, P. L. 13. This section is supplied as to counties between 800,000 and 1,500,000 and as to counties between 300,000 and 800,000 by the Acts of April 29, 191S, P. L. 200, and of April 4, 1907, P. L. 58, (Sees. 176 to 181 below,) respectively. This and the following sections were repealed by Sec. 1, Act of May 21, 1879, P. L. 72, which in turn' was repealed except as to cities of the 91 first class by Sec. 1, Act of July 5, 1883. On the theory, therefore, that the. repeal of a repealing act revives the original act, it would seem that these sections are good law, except as already noted. As Philadelphia is the only county over 1,500,000 population, and it is also a city of the first class, the above section for practical purposes applies only to counties between 300,000 and 150,000 population; but theoretically still applies to counties over 1,500,000 population. 175. CONTROLLER IN COUNTIES OVER 300,000 NOT PREVENTED FROM APPEARING BEFORE SALARY BOARD. That sections seventeenth and eighteenth" of the act, en- titled "An Act to carry into efifect section five, of article fourteenth, of the constitution relative to the salaries of county officers and the payment of fees received by them into the state or county treasury, in counties containing over one hundred and fifty thousand inhabit- ants," approved the thirty-first day of March, Anno Domini one thou- sand eight hundred and seventy-six, shall not be so construed as to prevent the controller of any city or county containing more than three hundred thousand inhabitants from appearing before the salary board for the purpose as provided by section seventh of this act, (preceding section,) to wit : The county commissioners and county controllers, where such office exists, in all the respective counties coming under the provisions of this act, shall be and they are hereby constituted a board for their several counties respectively, whose duty shall be to meet together, from time to time, as they may be required by any of the officers whose salaries are established by this act, for the purpose of ascertaining and determining the number of deputies or clerks required for the proper dispatch of business by each of such officers, and for fixing the salary of each of said clerks and deputies ; whenever said board is assembled to consider the case of any one of said officers, the officer holding it shall sit as a member of the board so long as the case of such officer is under consideration and no longer, and a decision of a majority shall govern ; but if, after such decision is made, any officer shall think that the number of his clerks or deputies is too few, or the compensation fixed for either is too small, as the case may have been determined by the board, he may appeal from the action thereof to the judge or judges of the court of common pleas of the county in which he is an officer, who shall hear and determine such appeal, as promptly as possible, and their decision thereon shall be final ; each of said board shall keep a correct minute book of its proceedings in all cases heard and de- termined by it. Sec. 1, Act of March 23, 1877, P. L. 33. See second note to preceding section. 92 176. IN COUNTIES BETWEEN 1,500,000 AND 800,000 TO CONSIST OF CONTROLLER AND COMMISSIONERS. DUTIES. The county controller and the county commissioners, in all counties of this Commonwealth having over eight hundred thou- sand, and less than one million five hundred thousand inhabitants, according to the last preceding United States census, be, and they are hereby, constituted a board in their respective counties, whose duty it shall be to fix and determine in manner herein provided the number and compensation of the employes of any and all county of- ficers, boards, bureaus, departments and divisions thereof, whether elected by the people or appointed according to law : Provided, how- ever. The number of said employes and the salaries to be paid them have not otherwise been specifically determined by an act of As- sembly. Sec. 1, Act of April 29, 1915, P. L. 200. 177. MEETINGS. OFFICER AFFECTED TO SIT WITH BOARD. DECISION. MINUTES. The said board shall meet, from time to time, when required by any county officer, president, or other executive head of any separate board or division whatsoever, the number or compensation of whose employes is sought to be fixed and determined, and shall forthwith consider and fix and determine the same, in manner as they may deem best for the public service; and such county officer, president, or executive head shall sit as a member of said board, and be entitled to vote, so long as the matter affecting his office is under consideration, and no longer; and a de- cision of the majority shall govern. A full minute of all meetings of said board shall be entered in a book kept for that purpose. Sec. 2, Act of April 29, 191S, P. L. 200. 178. RIGHT OF APPEAL TO COMMON PLEAS. DE- CISION OF COURT FINAL. Any county officer, president, or executive head, as aforesaid, shall have the right to appeal from the decision of said board to the court of common pleas of the proper county, and shall be entitled to have the merits of his case fully heard and considered. The decision of said court shall be final. Sec. 3, Act of April 29, 1915, P. L. 200. 179. IN COUNTIES BETWEEN 800,000 AND 300,000 TO CONSIST OF CONTROLLER AND COMMISSIONERS. DUTIES. The county controller and the county commissioners in all counties of this Commonwealth, having a population of not less than three hundred thousand nor more than [one million,] accord- ing to the last preceding United States census, be and they are hereby constituted a Board; in their respective counties, whose duty it shall 93 be to fix and determine, in manner herein provided, the number and compensation of the employes of any and all county offices, boards, bureaus, departments, and divisions thereof, whether elected by the people or appointed according to law : Provided, however, The num- ber of said employes and the salaries to be paid them have not other- wise been specifically determined by act of Assembly. Sec. 1, Act of April 4, 1907, P. L. 58. This section was amended by the Act of March 4, 1911, P. L. 10. The amending act, however, was declared unconstitutional in Davis v. Moore, 50 Sup. Ct. 494, and was repealed by Sec. 4, Act of April 29, 1915, P. L. 200. It is believed, therefore, that the original section is still in force, except in so far as it is supplied by the Act of 1915, (three preceding sections,) namely as to counties between 800,000 and 300,000 population. The whole of the Act of 1907 is therefore given here, al- though it is word for word the same as the Act of 1915, with excep- tion of the population of the counties. 180. MEETINGS. OFFICER AFFECTED TO SIT WITH BOARD. DECISION. MINUTES. The said Board shall meet, from time to time, when required by any county officer, president, or other executive head of any separate board or division, whatsoever, the number of compensation of whose employes is sought to be fixed and determined; and shall forthwith consider and fix and determine the same, in manner as they may deem best for the public service; and such county officer, president, or executive head shall sit as a member of said Board, and be entitled to vote so long as the matter affecting his office is under consideration, and no longer, and a de- cision of the majority shall govern. A full minute of all meetings of said Board shall be entered in a book kept for that purpose. Sec. 2, Act of April 4, 1907, P. L. 58. 181. RIGHT OF APPEAL TO COMMON PLEAS. DE- CISION OF COURT FINAL. Any county officer, president, or executive head, as aforesaid, shall have the right to appeal from the decision of said Board to the court of common pleas of the proper county, and shall be entitled to have the merits of his case fully heard and considered. The decision of said court shall be final. Sec. 3, Act of April 4, 1907, P. L. 58. (c) Fees of County Treasurer. 182. ON THE SALE OF UNSEATED LAND FOR TAXES. That the fees to be received by the county treasurers on the sale of unseated land for taxes shall be as follows; viz, for advertising each tract including printer's charge, fifty cents ; selling each tract or part thereof as the case may require, thirty-seven and a half cents ; writ- 94 ing and signing every deed, one dollar fifty cents; acknowledging every deed, twenty-five cents ; writing and filing every bond to se- cure the purchase money, twenty-five cents. Sec. 24, Act of March 28, 1814, P. L. 352. The fees provided for in this section, however, are largely regulated by local or special acts in the individual counties. (d) Fees of County Surveyor. 183. MISCELLANEOUS ITEMS. The several county sur- veyors of this commonwealth shall be and are hereby authorized to charge and receive for the services hereinafter mentioned, the fol- lowing fees, and no more, to wit : For receiving warrant and giving receipt for the same, if required, twenty-five cents. For executing warrants, not exceeding one hundred acres, four dollars and fifty cents. For each additional one hundred acres on same warrant, seventy- five cents. For return of survey to surveyor-general's office, one dollar. For draft thereof to the warrantee, twenty-five cents. For executing order of re-survey and making return thereof, samje fees as for like service on original survey. For certifying survey made by deptity, fifty cents. For each mile necessarily traveled in going to and returning from land, ten cents. Sec. 1, Act of April 13, 1859, P. L. 606, No. 595. 184. PENALTY FOR TAKING- GREATER FEE. If any county surveyor shall take greater or other fees than is hereinbefore expressed and limited for the service designated, he shall be subject to all the penalties and liabilities prescribed by the 26th section of the act of 28th of March, 1814, entitled "An act establishing a fee bill." (Sec. 251 below.) Sec. 2, Act of April 13, 1859, P. L. 606, No. 595. (e) Fees of Coroner and Deputy Coroner. 185. FOR VIEWING DEAD BODY AND HOLDING IN- QUEST. HOW PAID. MILEAGE. EXECUTING PROCESS OR WRITS. The fees to be received by the coroner of each county shall be as follows : viz. For viewing a dead body, two dollars seventy-five cents ; summoning and qualifying inquest, drawing and returning inquisition, one dollar thirty-seven and a half cents ; sum- moning and qualifying each witness, twenty-five cents, to be paid 95 out of the goods, chattels, lands or tenements of the slayer (in case of murder or man slaughter) if any he hath, otherwith by the county, with mileage from the court house to the place of viewing the body ; executing any process or writs of any kind, the same fees as are al- lowed to the sheriff and the same mileage. Sec. 19, Act of March 28, 1814, P. L. 352. 186. TO BE THE SAME AS RECEIVED BY SHERIFFS. The fees to be received by the coroners of the several counties, shall be the same as those received by sheriffs for similar services. Provided, That this act shall not apply to the counties of Alle- gheny, Lancaster, Montgomery, Philadelphia, Beaver and Washing- ton : Provided further. That the provisions of this act shall not ap- ply to the office of sheriff of Dauphin county. Part of Sec. 11, Act of April 2, 1868, P. L. 3. The proviso in this section was repealed as to Lancaster by the Act of May S, 1899, P. L. 246, No. 140, and as to Montgomery by the Act of April 10, 1873, P. L. 641, No. 695. For fees of sheriff see Sees. 189 to 207 below. 187. FEES OF DEPUTY CORONER TO BE THE SAME AS CORONER. That such person so deputized by him (coroner) as aforesaid shall receive, for such services as they may perform by vir- tue of such appointment, the same fees as are now provided by law for similar services rendered by such coroner, and the same shall be paid from such funds and at such places as the said fees of the said coroner are now by law payable. Sec. 2, Act of May 9, 1889, P. L. 162, No. 180. 188. SPECIAL LAWS SAVED FROM REPEAL. All acts or parts of acts inconsistent with this act be and the same are hereby repealed : Provided, That this act shall not apply to those counties in this Commonwealth acting under special laws. Sec. 3, Act of May 9, 1889, P. L. 162, No. 180. (f) Fees of Sheriff. 1. In Counties of Over 1,500,000, and Between 200,000 and 130,000 Population. 189. FEE BILL. From and after the passage of this act, the fees to be received by sheriffs in this Commonwealth shall be as follows : For receiving, making endorsements thereon, docketing and mak- ing return thereof, to each writ, -rule, process, decree, order, bill in equity, subpoena, citation, statement or notice issued out of any court, one dollar. ........ ^ For serving personally or by copy, each writ of scire facias, re- plevin, foreign attachment, attachment, attachment execution, in- junction, mandamus, quo warranto, partition, inquisition or other writ; each bill in equity, summons, rule, process, decree, order, citation, subpoena, subpoena in divorce, statement of claim, series of interrogatories, proclamation, or notice of any kind issued out of any court, one dollar for the first service, and fifty cents for every other defendant or other party served, and forty cents for each copy served or posted, in addition to mileage; or for serving the same by publi- cation in one or more newspapers, when required by law or order of court, two dollars and seventy-five cents in each case, in addition to printer's bill. For executing landlord's warrants, writs of levari facias, fieri facias, venditioni exponas, venire facias, habeas corpus, retorno habendo, and replevin, one dollar, and mileage on each writ, in ad- dition to the following: For each levy on personal property, one dollar and mileage ; for levying, on each piece or parcel of land, one dollar and mileage; for advertising personal property to public sale, two dollars and sevent3^-five cents and mileage; for advertising real estate to public sale, by publication in newspaper, two dollars and seventy-five cents for each tract, in addition to printer's bill ; for ad- vertising real estate to public sale, by hand-bills, two dollars and seventy-five cents for each tract or set of bills, and mileage; for summoning and swearing jury, and making return to inquisitions held on said writs, four dollars in addition to jury fees and fee for serving notices, and mileage, where the inquisition is held on the premises ; for crying any sale of personal property, one dollar, and when the same continues longer than three hours, three dollars per day, for crying the sale of each tract of land and each adjourned sale, one dollar; for clerk hire at said sale, when necessaiy, two dol- lars per day; for watchman taking charge of property levied on, when necessary, two dollars per day, also reasonable expenses of in- surance, arranging goods for sale, heat, light, storage, rent, trans- portation, feeding live stock, and similar expenses incurred in caring and keeping goods and chattels levied upon, when the same is neces- sary and advantageous, or when requested by the plaintiff or defend- ant to incur such expense; for delivering lands to plaintiff in in- quisition or similar proceedings, two dollars and seventy-five cents, and no commission in such case to be taken. For executing writs of habere facias, liberari facias, dower pos- session, or any possessory process requiring the delivery of posses- sion of real estate or the ejecting or dispossessing of any person or persons or their effects, five dollars and mileage, and reasonable costs for help, when absolutely necessary, in addition to costs of sale when made. Missing Page 98 venire, and thirty cents for summoning each juror to attend court; all of these fees to be paid by the county. For fee on indictment; on every capital case, three dollars; in every other criminal case, one dollar and twenty-five cents, to be paid by the county. For appraisement of personal property by virtue of any act of As- sembly, four dollars for each appraisement; this to include fees of appraisers if they are not employed over one day. For making and acknowledging deeds, three dollars, to be paid by the purchaser, and to include fee of prothonotary for acknowledging deed ; but not to include fee for recording. For attending court, bringing into and removing therefrom pris- oners for arraignment, trial and sentence, and for the execution of any other order of court, the sum of three dollars per day for the sheriff and each deputy, for each and every day of court, where the sheriff or deputy is actually present, to be paid by the county. (As amended.) For traveling expenses or mileage in serving or executing any of the writs, rules, orders, decrees, processes, or performing any of the duties or services herein specified, and intended so to be or authorized by law, the sheriff shall be entitled to receive and have taxed as 6osts six cents a mile for each mile actually traveled and necessary; the same to be allowed on each separate writ, rule, order, decree, process, or service performed. He shall not receive more than one mileage where the plaintiff and defendant, or plaintiffs and defend- ants, in two or more contemporaneous writs are the same ; nor shall he receive more than one mileage when conducting two or more pris- oners at one time to or from a place of detention or correction, whether he is authorized by one or more writs. (As amended.) For traveling expenses on an execution returned nulla bona and non est inventus, where the sheriff has been at the defendant's last residence, each mile traveled ten cents. For services performed in his capacity as a conservator of the peace or police officer, in suppressing riots, mobs and insurrections, and where discharging a duty requiring the summoning of a posse comitatus or special duty sheriffs, the said sheriff shall receive a per diem compensation of not less than three dollars, and as much more ar. is commensurate with the services performed, together with mile- age and necessary expenses, including subsistence of himself and of those under him ; the same to be paid by the county. For all services performed by the sheriff, but more properly be- longing to the jurisdiction of a constable, he shall receive the same ^ees a? constables, unless otherwise provided by law. 99 For serving any rule, process, decree or order of court, not here- inbefore specially provided for, one dollar, in addition to mileage. For the execution of any matter directed to the sheriff, or au- thorized by law or rule of court, or for services not herein provided for, the sheriflf shall receive the same fees as for similar services herein provided for. Sec. 1, Act of July 11, 1901, P. L. 663, as amended in part by Sec. 1, Act of April 21, 1911, P. L. 76, No. 73, by Sees. 1 and 2, Act of June 1, 1915, P. L. 677, and by Sec. 1, Act of May 27, 1919, P. L. 297. This act is repealed by the Act of April 9, 1915, P. L. 54, as amended, (Sees. 194 to 198 below,) as to counties between 1,500,000 and 200,000 population; and is supplied as to counties below 130,000 by the Act of June 20, 1911, P. L. 1072, (Sees. 199 to 202 below.) 190. WHEN DUE AND PAYABLE. COLLECTION. All sheriff's costs shall be due and payable when the services are per- formed, and it shall be lawful for him to demand and receive from the ' party instituting the proceeding, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obliged by law to make return thereof; and in case he does not choose to collect his fees in this manner, he shall file with each re- turn he makes an itemized list of his costs, on or before the return day thereof, and if no exceptions are filed to the same on or before th£ next ensuing return day, the same shall be considered taxed and confirmed absolutely; and the said sheriff may issue an execution to collect the same, without further suit. Sec. 2, Act of July 11, 1901, P. L. 663. 191. TO BE PAID WHEN WRIT OF EXECUTION HAS BEEN STAYED. Where real estate or personal property has been advertised on any writ of execution, and the said writ has been stayed by the plaintiff or the court, it shall be lawful for the sheriff to refuse to return the said writ so far as relates to all unpaid sheriff's costs ; and unless the same be paid by the parties at whose instance the writ was stayed, the said sheriff may proceed with the execution of said writ so far as to collect the said costs. Sec. 3, Act of July 11, 1901, P. L. 663. 192. FEE BILL TO BE PUBLISHED AND POSTED. BILL OF PARTICULARS. RECEIPT. The several sheriffs in this Commonwealth shall and are hereby required to n;ake fair tables of their respective fees, according to this act, and to publish and keep a copy of the same in their respective offices, within six months from the passage of this act, in some conspicuous part, for the inspection of all persons who have business in said offices. 100 It shall be the duty of every sheriff, their deputies or agents, if a demand for that purpose shall be made, immediately after receiving any of their fees or any written security therefor, to deliver a bill of particulars, specifying the several items contained therein and the amount thereof; and to give the party paying such fees a receipt in full therefor, or to endorse on such written security, when taken, that the same was given for fees, and to sign the endorsements so made. Sec. 4, Act of July 11, 1901, P. L. 663. 193. LOCAL AND SPECIAL LAWS NOT REPEALED. All acts or parts of acts in force at the date of the passage of this act, inconsistent with its provisions, are hereby repealed : Provided, The provisions of this act shall not be construed to repeal any local or special laws. Sec. S, Act of July 11, 1901, P. L. 663. 2. In Counties Between 1,500,000 arid 200,000 Population. 194. FEE BILL. From and after the passage and approval of this act, the fees to be received by sheriffs, in counties of this Com- monwealth having a population of not less than two hundred thou- sand nor more than one million five hundred thousand inhabitants, as computed by the last preceding tJnited States census, shall be as follows: — For receiving, docketing, and making return thereof, for each writ of scire facias, replevin, retorno habendo, summons, foreign attach- ment, attachment execution, subpoena in divorce, alias subpoena in divorce, satisfaction of mortgage, injunction, mandamus, quo war- ranto, bill in equity, rule, decree, order, citation, subpoena, series of interrogatories, proclamation, or notice of any kind in any civil ac- tion issued out of any court or required by law or rule of court, one dollar. For serving such processes or any statement of claim, personally or by copy, one dollar and fifty cents and mileage. For each additional defendant or party served, or copy posted, fifty cents and mileage. For making each copy, served or posted, forty cents. For return of tarde venit, fifty cents. For return of non est inventus, fifty cents and mileage. Provided, however, That no charge for service shall be made upon an alias or pluries writ, if the same has been charged upon the original. For serving the same by publication in one or more newspapers, as required by law or order of court, two dollars and seventy-five cents in each case, in addition to printer's bill. For serving any rule, decree, process, or order of court not here- inbefore specifically provided for, he shall charge and receive the lOi same official fees and legal costs as for a writ served in a similar way, as hereinbefore provided. For executing writs or levari facias, fieri facias, venditioni ex- ponas, and any writ or order issued out of any court, requiring the levy and seizure of lands and tenements and selling the same accord- ing to law for receiving, docketing, and making return thereof, two dollars. For levying on each separate piece or parcel of land, one dollar and mileage. For advertising to public sale in newspapers, each piece or parcel of land, two dollars and seventy-five cents, in addition to printer's bill. For advertising to public sale by hand-bills, each piece or parcel of land separately described by metes and bounds, two dollars and seventy-five cents and mileage, in addition to printer's bill. For crying the sale of each separate piece or parcel of land sep- arately sold, and each adjourned sale, one dollar. For clerk hire, when necessary, per day, two dollars. In addition, the sherifT shall charge and receive as an official fee a commission charge of two cents on every dollar, based upon the total amount bid for the property, whether paid to the sheriff or credited to the purchaser ; provided that the amount of same does not exceed one thousand dollars, in which case one-half cent (J^c.).on every dollar in excess of this amount shall be charged in addition. For the settlement or staying of any writ, embraced in this section of this act, the execution of same not being concluded, he shall re- ceive the same fee for receiving, docketing and making return, for levying, advertising, mileage and commission, upon such sums as would be charged and received if sale had been made upon said writ, whether paid to him or to the plaintiff, or a compromise be made be- tween plaintiff and defendant. For making and acknowledging any deed for lands and tenements, three dollars. For registering the same, in second-class cities, one dollar. For registering the same, in third-class cities, one dollar and twenty-five cents. For registering the same, in townships, one dollar and fifteen cents. For mileage, actually traveled and necessary. For the fee of the prothonotary, for the acknowledgment. For the fee of the recorder, for recording. All of which fees shall be paid by the purchaser. For executing any writ of inquiry, partition, appraisement, venire facias, or any similar writ, issued by any court, alderman, justice of 102 the peace, or commissioner under any act of Assembly, for receiying docketing, and making return thereof, one dollar. For summoning, personally or by copy, for first service, one dollar and fifty cents and mileage. ^ For each additional service, personally or by copy, or posting, fifty cents and mileage. For making each copy served or posted, forty cents. For summoning and swearing jurors, four dollars. For execution, of writ, four dollars. For holding inquisition, four dollars per day and mileage, if same be held upon the premises, in addition to jurorsj, artists', or sur- veyors' fees and necessary expenses. For serving the same by publication in one or more newspapers, as required by law or order of court, two dollars and seventy-five cents, in addition to printer's bill. For delivering lands to plaintiff in inquisition or similar proceed- ings, two dollars and seventy-five cents, and no commission in such case shall be charged, i For executing fieri facias, attachment, foreign attachment, retomo habendo, and replevin, or any writ or order issued out of any court requiring the levy and seizure of property and selling the same ac- cording to law, for receiving, docketing and making return thereof, two dollars. For each levy on personal property, one dollar and mileage. For clerk hire at said sale, per day, two dollars. For advertising personal property to public sale, two dollars and seventy-five cents and mileage. In addition, the sheriff shall charge and receive as an official fee a commission charge of two cents on every dollar, based upon the total amount realized from said sale, whether paid to the sheriflF, or credited to the purchaser on account of any writ ; provided that the amount of same does not exceed one thousand dollars, in which case one-half cent (J^c.) on every dollar in excess of that amount shall be charged in addition. For watchmen taking charge of property levied upon, when neces- sary, for each legal day of eight hours, two dollars. For insurance, arranging goods for sale, heat, light, storage, rent, transportation, feeding livestock, and similar expenses incurred in ' caring for and keeping the goods and chattels levied upon, when the same is necessary and advantageous, or when requested by the de- fendant or plaintiff to incur any such expense, the actual cost thereof. For the settlement or staying of any writ embraced in this section of this act, the execution of the same not being concluded, he shall receive the same fees for receiving, docketing and returning, levying 103 advertising, mileage and commission, upon such sums as would be charged and received if sale had been made upon said writ, whether paid to him or to the plaintiff, or a compromise be made^ between plaintiff and defendant. For the appraisement of personal property by virtue of any act of Assembly, four dollars. Each appraiser to receive the sum of one dollar, and the sheriff one dollar for each appraisement: Provided, That in any case where the appraisement of a large quantity of goods shall be required, the sheriff may apply by petition to the court, or a judge thereof, having jurisdiction over said matter, setting forth the facts ; and said court or judge may make an order fixing the sum to be allowed and paid to the sheriff as the proper cost of making such appraisement, which sum so fixed and allowed shall be taxed as the sheriff's proper legal costs, in addition'to the official fee of one dollar to be charged and collected by him. For notifying the Auditor General of the proposed sale of the property or the franchises of any corporation or joint-stock asso- ciation, three dollars. For executing venire facias or venire facias jurotores, issued out of any court, for receiving, docketing, and making return thereof, on each venire, two dollars. For drawing from jury-wheel, and summoning each juror drawn, one dollar and mileage, and necessary expenses. ■ ,. All of which fees shall be paid by the county. For executing writs of habere facias, liberari facias, dower, possesr sionem, or possessory process, reqU|iring the delivery of possession of real estate, or ejecting or dispossessing any person or persons of their effects, five dollars and mileage, and reasonable costs for help, when absolutely necessary, in addition to the cost of sale when made. For executing any process, warrant, capias, attachment, decree, sentence or order of court, issued out of any court, where th^ defend- ant's body is taken into custody, as follows : For receiving, docketing, and making return thereof, one dollar.: For each arrest, one dollar and mileage, in addition to necessary help and expenses. For transportation of each prisoner, ten cents per mile. For each commitment to jail or place of detention of any juvenile court, in any criminal or civil matter, fifty cents. All of which fees shall be paid by the county. For discharging a prisoner from jail or place of detention of any juvenile court, in any criminal or civil case, fifty cents. For executing bail-piece or taking bond in any matter, whether civil or criminal, one dollar. ! 104 He shall receive fpr the indictment, in each oyer and terminer case, the sum of three dollars ; and in each quarter sessions court case, the sum pf one dollar and fifty cents. For each bill ignored by the grand jury, one dollar and fifty cents. For each case acted upon by any juvenile court, one dollar and fifty cents, Fpr each non-support or desertion case acted upon by any court, the sum of one dollar and fifty cents. All of which fees shall be paid by the county. Fot removing an insane person to any institution for the confine- ment of the insane, or any person to the penitentiary, workhouse, Huntingdon Reformatory, or to any charitable institution or any in- stitution where persons are confined or detained, under any com- mitment, sentence, or order of court, twro dollars and fifty cents on each commitment or order, in addition to mileage and necessary ex- penses: Provided, however. That the mileage for the person in charge under commitment or order shall be based upon the miles actually traveled by him. \^ All of which fees shall be paid by the county. For attending court, bringing into and removing therefrom pris- oners for arraignment, trial, and sentence, the sum of four dollars per day for the sheriff or each deputy, for each and every day of oyer and terminer court, quarter sessions court, juvenile court, or county court, where the sheriff or deputy is actually present ; to be paid by the county. For levying or paying out fines, three cents per dollar ; to be paid by the party receiving the fine. For advertising general or special elections, two dollars and seventy^'five cents ; to be paid by the county. For advertising general or special elections by hand-bills, for each poIUng-place, two dollars and seventy-five cents and mileage ; to be paid by the county. For serving notice on the judge of each election district, in special elections, seventy-five cents ; to be paid by the county. For services performed in his capacity as a conservator of the peace or police officer, in suppressing riots, mobs or insurrections, and when discharging the duty requiring the summoning of a posse ctmiitatus or special deputy sheriffs, the sheriff shall receive a per diem compensation of not less than ten dollars, and as much more as is commensurate with the services performed, together with the mileage and necessary expenses, including subsistence for himself and those under him ; to be paid by the county unless otherwise pro- vided by law. 105 For mileage in serving or executing any of the writs, rules, de- crees, orders, or processes, or performing any of the duties for serv- ice herein specified, and intended to be authorized by law, the sheriff shall be entitled to charge and receive, and may tax as official fees, ten cents a mile, for each mile actually traveled and necessary, and the same shall be allowed upon each separate>write, rule, order, de- cree, process, or service performed: Provided, That he shall not re- ceive more than one mileage, where the plaintiff and defendant, in two or more contemporaneous writs, are the same. For the executing of any matter directed to the sheriff, or au- Ihorized by law or rule of court, the service of which is not herein provided for, the sheriff shall receive the same official fees, and legal costs as for similar services herein provided for. Sec. 1, Act of April 9, 1915, P. L. 54, as amended in part by Sec 1, Act I of May 2, 1919, P. L. 110. -' This act was saved from repeal by Sec. 3, Act of June 1, 1915, P. L. 677. 195. WHEN FEES PAYABLE, ITEMIZED LIST. COL- LECTION. All ofifiicial fees and legal costs, which are or shall be charged and received by the sheriff, shall be payable upon demand. In case he does not demand such costs in advance, he shall file with each return he makes an itemized list of said fees and costs ; and, if no exceptions be filed to the same within thirty days from the time of filing the same, said fees and costs shall be considered taxed and confirmed absolutely and become a judgment in law; and the said sheriff may issue an execution and collect the same without further suit. Sec. 2, Act of April 9, 1915, P. L. 54. 196. FEE BILL TO BE PUBLISHED AND POSTED. The several sheriffs of this Commonwealth shall and are hereby required to make fair tables of their respective fe^s, according to this act, and to publish and keep a copy of the same in some conspicuous place in their offices, within three months from the passage of this act. I Sec. 3, Act of April 9, 1915, P. L. 54. 197. BILL OF PARTICULARS. RECEIPT. It shall be the duty of every sheriff, his deputy or agent, if demand for that purpose shall be made, immediately after receiving any of his official fees and legal costs or any written security therefor, to deliver a bill of par- ticulars, specifying the several items contained therein and the amount thereof, to the party paying said fees, and to give a receipt 106 therefor, or to endorse on such written security, when taken, that the same was given for fees and legal costs, and to sign the endorse- ment St) made. Sec. 4, Act of April 9, 1915, P. L. 54. 198. INTENT AND SCOPE OF ACT. This act is intended as an entire and complete fee bill for sheriffs in counties of this Com- monwealth having a population of not less than three hundred thou- sand nor more than one million five hundred thousand inhabitants, as computed by the last preceding United States census. Part'of Sec. 5, Act of April 9, 1915, P. L. 54. Note: For fees in counties between 200,000 and 130,000, see Sec. 189 , above. 3. In Counties of Less Than 130,000 Population. 199. FEE BILL. From and after the passage of this act, the fees to be received by the sheriffs of this Commonwealth, in all the coun- ties which, according to the United States decennial census taken last before the beginning of the term of the said sheriff, which con- tained a population of less than one hundred and thirty thousand in- habitants, shall be as follows : — For receiving, making endorsements thereon, docketing, and mak- ing returns thereof, to each writ, rule, process, decree, order, bill in equity,, citation, statement, or notice, issued out of any court, one dollar. For service, personally or by copy, each writ of scire facias, re- plevin, foreign attachment, attachment, attachment execution, in- junction, mandamus, quo warranto, partition, inquisition, or other writ, each bill in equity, summons, rule, process, decree, order, cita- tion, subpoena in divorce, statement of claim, series of interrogatories, proclamation, one dollar for the first service, and twenty-five cents for every other party or defendant served, and twenty-five cents for each copy served or posted, in addition to mileage; or for serving the same by publication in one or more newspapers, when required by law or order of court, two dollars and seventy-five cents in each case, in addition to the printer's bill. For each service of a subpoena, fifteen cents and mileage. For executing landlords' warrants, writs of levari facias, fieri facias, venditioni exponas, venire facias, habeas corpus, retorno habendo, and replevin, one dollar and mileage on each writ, in addition to the fol- lowing: For each levy on personal property, one dollar and mileage; for levying on land, each writ, one dollar and mileage; for advertising personal property to public sale, two dollars and seventy-five cents 107 and mileage ; for advertising real estate to public sale by publication in newspapers, two dollars and seventy-five cents, each case, in addi- tion to printer's bill ; for ajdvertising real estate to public sale by hand- bills, one dollar for each case, and mileage ; for summoning and swear- ing jury, and making returns to inquisitions held on said writs, four dollars, in addition to the jury fees and fee for serving notices, and mileage where the inquisition is held on the premises ; for crying any sale of personal property, one dollar; and, when the same continues longer than three hours, three dollars per day ; for crying sale of land, one dollar in each case ; for clerk hire at said sales, when necessary, two dollars per day ; for watchman taking charge of personal property levied on, when necessary, two dollars per day ; also reasonable ex- penses for insurance, arranging goods for sale, heat, light, storage, rent, transportation, feeding livestock, and similar expenses incurred in caring for and keeping goods and chattels levied upon, when the same is necessary and advantageous, or when requested by the plain- tiff or defendant to incur such expense ; for delivering lands to plain- tiff in inquisition or similar proceedings, two dollars and seventy-five cents, and no commission in such case to be taken. For executing writs of habere facias, liberari facias, ,dower posses- sion, or any necessary process requiring the delivery of possession of real estate, or the ejectment or dispossessing of any person or persons of their effects, two dollars and mileage, and reasonable costs for help when absolutely necessary. For executing writs of partition, inquisition, appraisement of real estate, or similar writs issued out of any court, the following costs, — for receiving, docketing and making returns thereto, one dollar; for each service, fifty cents and mileage; for each copy served, twenty- five cents ; for advertising notice, two dollars and seventy-five cents, in addition to the printer's bill ; for holding inquisitions, four dollars per day and mileage, in addition to the jury fees and expenses ; for executive writs, three dollars, in addition to artists's or surveyor's fee. For executing any process, warrant, capias, attachment, decree, sentence, or order of court, where the defendant's body is to be taken in custody ; as follows : For each arrest, one dollar and mileage ; for transportation of each prisoner, three cents per mile, in addition to necessary help and expenses. For paying out money made or received on any writ, process, order, or sentence of court, two cents on every dollar awarded and applied on any judgment, mortgage, encumbrance, or other claim: Provided, That the amount does not exceed five hundred dollars ; in which case, one-half cent on every dollar in excess of this amount, awarded and applied, or paid as aforesaid ; said commission to be al- 108 lowed whether the money is paid with or without sale. If paid with- out sale, no commissoin shall be allowed for more than is paid over, or received by the creditor. For levying or paying out fines, three cents per dollar; to be paid by the party receiving the fine. For advertising general or special elections, two dollars and seventy-five cents and mileage, in addition to printer's bill ; to be paid by the county. For each commitment in any criminal matter, including the charge of disorderly conduct, fifty cents. For discharging prisoners in any criminal or civil case, fifty cents each. For executing bail-piece, one dollar. For executing death warrant, twenty-five dollars, in addition to all necessary expenses ; the same to be paid by the county. For drawing juries in each general or special term or session of court, three dollars, in addition to one dollar for executing each venire; and for summoning each juror to attend court, thirty cents, without mileage ; the same to be paid by the county. For fee on indictment on every capital case, three dollars ; in every other criminal case, one dollar and twenty-five cents ; the same to be paid by the county. For appraisement of personal property by virtue of any act of As- sembly, four dollars for each appraisement ; this to include fees of ap- praisers if they are not employed over one day. For making and acknowledging deeds, three dollars ; to be paid by the purchaser, and to include fee of prothonotary for acknowledging the deed, but n6t to including fee for recording. For traveling expenses or mileage in serving or executing any of the writs, rules, orders, decrees, processes, or performing any of the duties or services herein specified, and intended to be done or au- thorized by law, the sheriff shall be entitled to receive, and have taxed as costs, six cents a mile for each mile actually traveled and neces- sary; the same to be allowed on each separate writ, rule, order, process, or service performed: Provided, That he shall not receive more than one mileage where the plaintiff and the defendant or plain- tiffs and defendants, in two or more contemporaneous writs to pro- cess, are the same : Provided, further. That for conveying prisoners to the penitentiary, house of correction, or reformatories, or any in- sane person to an asylum, he shall receive the sum of three dollars per day for each day necessarily spent, with mileage of six cents per mile circulai", for each mile necessary traveled; and for each assist- ant allowed by the coui't, two dollars and fifty cents per day, with same mileage; to be paid by the county. 109 For services performed in his capacity- as conservator of the peace or police officer, in suppressing riots and insurrections, and where dis- charging the duties requiring the summoning of a posse comitatus or special deputy sheriffs, the said sheriff shall receive a per diem com- pensation of three dollars per day, together with mileage and neces- sary expenses, including subsistence for himself and those under him ; the same to be paid by the county. For all services performed by the sheriff, but more properly belong- ing to the jurisdiction of a constable, he shall receive the same fees as a constable is entitled to according to law. For serving any rule, process, decree, or order of court not here- inbefore specifically provided for, the sheriff shall receive one dollar and mileage. For the execution of any matter directed to the sheriff, or au- thorized by law or rule of court, for services not herein provided for, the sheriff shall receive the same fee^ as for similar services herein provided for. Sec. 1, Act of June 20, 1911, P. L. 1072. 200. WHEN DUE AND PAYABLE. COLLECTION. That all sheriff's costs and fees shall be due and payable when the services are performed ; and it shall be lawful for him to demand and receive from the party instituting the proceeding, or any party liable for the costs thereof, all unpaid sheriff's fees, and costs on the same, before he shall be obliged by law to make return thereof; and in case he does not choose to collect his fees in this manner, he shall file with each return he makes a correct itemized list of his costs, on or before the return day thereof, which costs shall be taxed b)'' the clerk of the court or prothonotary. Sec. 2, Act of June 20, 1911, P. L. 1072. 201. FEE BILL TO BE PUBLISHED AND POSTED. BILL OF PARTICULARS. RECEIPTS. The several sheriffs in this Commonwealth affected by this act shall be and are hereby required to make fair and correct tables of their respective fees, according to this act, and to publish and keep a copy of the same in their re- spective offices, in some conspicuous place, for the inspection of all persons who have business in said offices ; and it shall be the duty of every sheriff, their deputy or agent, if a demand for that purpose shall be made at the time of or immediately after receiving auy of their fees, or any written security therefor, to deliver an itemized state- ment, or bill of particulars, specifying the several items contained therein and the amount thereof; and to give the party paying such no fees a receipt in full therefor, or td indorse on such written security, •when taken, that the same was given for fees, and to sign the endorse- ment so made. Sec. 3, Act of June 20, 1911, P. L. 1072. 202. LOCAL AND SPECIAL LAWS NOT REPEALED. That all acts or parts of acts in force at the date of the passage of this act, inconsistent with its provisions, are hereby repealed : Provided, The provisions of this act shall not apply to any sheriff holding of- fice at the time of the approval of this act : Provided further. That the provisions of this act shall not be construed to repeal any local or special laws. Sec. 4, Act of June 20, 1911, P. L. 1072. 4. Miscellaneous Items. 203. FOR SUMMONING AND RETURNING A STRUCK OR SPECIAL JURY. In addition to the fees prescribed by the act to which this is a supplement, (Act of February 22, 1821, P. L. SO,) the sheriff of each county shall receive the following. For summoning and returning a struck and special jury, to be paid by the party putting off or losing the cause, three dollars, and four cents mileage each mile circular. [And the jurors attending a view shall, in addition to their pay, be allowed mileage in the same man- ner as jurors attending court.] Sec. 1, Act of April 14, 1834, P. L. 378, No. 168. This act is repealed as to counties between 1,500,000 and 300,000 popu- lation by the Act of April 9, 1915, P. L. 54. ' 204. FOR PROCESS IN JUVENILE CASES. APPROVAL BY COURT. DIRECTION AS TO PAYMENT. When, in the enforcement of the act above cited, (April 23, 1903, P. L. 74,) to be supplemented, and in pursuance of its provisions, it shall become necessary for a process to issue, or when an order of court is made, the chief probation officer, if there be such, otherwise the probation officer in charge, may, in his or her discretion, call upon the sheriff of the county for assistance in service and execution of the same ; and for the service so rendered by the sheriff, upon application of such probation officer, he shall be entitled to receive the following fees: — For receiving, making endorsements thereon, docketing, and mak- ing return of each such process, order, or notice, seventy-five cents. For executing any such process, order, or notice, where the child is to be taken into custody, seventy-five cents. In addition thereto, for mileage in serving or executing any of the above processes, orders, or notices, the sheriff shall be entitled to re- Ill ceive, and have taxed as costs, three cents a mile for each mile ac- tually traveled and necessary, the same to be allowed on each separate process, order, or notice ; Provided, he shall not receive more than one mileage where the defendants, in two or more contemporaneous orders, process, or notice, are the same; and for transportation of each child, three cents per mile, in addition to necessary help and expense. Such probation officer shall certify to the judge presiding in Jhe juvenile court the demand upon the sheriff for his services, together with a statement of the fees and expenses, and the court shall ap- prove the same, or so much thereof as may be found correct, and di- rect by whom they shall be paid. Sec. 1, Act of June 7, 1907, P. L. 438. This act is repealed as to counties between 1,500,000 and 300,000 population by the Act of April 9, 1915, P. L. 54. 205. TO BE PAID AS IMPOSED BY COURT. The court, in disposing of the question of the payment of the costs provided for in this act, may impose them on the couiity ; or on the^ complainant, if, after hearing, it be found that the complaint was made without prob- able cause ; or upon the parent or parents, or guardian or custodian, of the child, if, after hearing, it be found that they were at fault and are of ability to pay. Sec. 4, Act of June 7, 1907, P. L. 438. 206. BILL OF PARTICULARS. RECEIPT. PENALTY. It shall be the duty of every sheriff, his deputy or agent, and of every coroner acting as sheriff, if a demand for that purpose shall be made immediately after receiving aliy of his fees, or anyiwritten security therefor to deliver a bill of particulars specifying the several' items contained therein and the amount thereof, and to give the party pay- ing such fees a receipt in full therefor, or to endorse on such written security when taken, that the same was given for fees, and to sign the endorsement so to be made, and if any sheriff, his deputy or agent, or coroner acting as aforesaid, shall refuse or neglect to give such bill of particulars or receipt, or to make such endorsement, he shall for- feit and pay any sum not exceeding fifty dollars to the Common- wealth. Sec. 79, Act of April IS, 1^834, P. L. 537. This section is largely supplied by the acts relating to particular classes of counties. See Sees. 192, 197 and 201 above. It is specifically repealed as to counties Tbetween 1,500,000 and 300,000 by Sec. S, Act of April 9, 1915, P. L. 54. 207. PRECEDING SECTION TO BE POSTED BY SHERIFF. PENALTY. Hereafter every sheriff shall place and keep up in some conspicuous part in his ofhce a printed copy of the seventy-ninth sec- 112 tion, (preceding section,) referred to in the eleventh section above named, for the purposes therein recited, on pain of forfeiting for vach day the same shall not, by his neglect, be up as aforesaid, the sum of ten dollars: Provided, That no plaintiff or prosecutor shall be permitted to recover the penalty or penalties for more than any five days neglect preceding the time at which any such suit or action, which shall hereafter be brought : And provided. That nothing here- in contained shall defeat any pending suits : Provided, No recovery thereon shall exceed five days' penalty, as aforesaid. Part of Sec. 1, Act of March 30, 18SS, P. L. 160. is) Fees of District Attorney. 208. IN COUNTIES OVER 1,500,000 POPULATION. In all counties of this Commonwealth having more than one million five hundred thousand inhabitants, the fees to be allowed the district at- torney shall be as follows : — For drawing bill of indictment and prosecuting the same, for every homicide, one hundred dollars, and twenty dollars additional for every day of trial exceeding one day. For every such bill returned ignoramus, twenty dollars. For drawing bill of indictment and prosecuting same, for every offense triable only in the court of oyer and terminer and general jail delivery, except homicide, eighteen dollars, and ten dollars ad- ditional for every day of trial exceeding one day. For every such bill returned ignoramus, ten dollars. For drawing bill of indictment and prosecuting the same, for every cffense triable in the court of* quarter sessions of the peace, fifteen dollars, and five dollars additional for every day of trial exceeding one day. For every such bill returned ignoramus, five dollars. For every such case settled with leave of court, five dollars. For every case where a nolle prosequi is entered, ten dollars. For every surety of the peace case, ten dollars. For every desertion and non-support case, ten dollars. For every juvenile case, ten dollars. For every appeal from a summary conviction and trial in the court of quarter sessions, ten dollars. For every habeas corpus from summary conviction and trial in the court of quarter sessions, ten dollars. For entering suit and obtaining judgment on forfeited recognizance, fifteen dollars. For every homicide case where insanity is pleaded at arraignment and a special jury called to try said issue, fifty dollars. Sec. 1, Act of June 3, 1919, P. L. 371. 113 209. IN COUNTIES BETWEEN 1,500,000 AND 1,200,000 POPULATION. That the fees to be allowed the district attorney in counties containing over eight hundred thousand inhabitants shall be as follows : For drawing bill of indictment and prosecuting the same, for every offence triable only in the court of oyer and terminer and gen- eral jail delivery, in said county, twelve dollars. For every such bill returned ignoramus, six dollars. For drawing bill of indictment and prosecuting the same, for every ofifence triable only in the court of quarter sessions of the peace, in said county, eight dollars. For every such bill returned ignoramus, five dollars. A case settled with leave of court, five dollars. Every case of surety of the peace, five dollars. Sec. 1, Act of April 23, 1903, P. L. 291, No. 222. This section is supplied as to counties over 1,500,000 by Sec. 1, Act of June 3, 1919, P. L. 371 (preceding section), and as to counties below 1,200,000 population by Sec 1, Act of March 31, 1915, P. L. 34, (follow- ing section). 210. IN COUNTIES BETWEEN 1,200.000 AND 750,000 POPU- LATION. In all counties of the Commonwealth having seven hun- dred fifty thousand and less than one million two hundred .thousand inhabitants, the fees to be allowed the district attorney shall be as follows : — For drawing bill of indictment and prosecuting the same for every homicide, one hundred dollars, and twenty dollars additional for every day of trial exceeding one day. For every such bill returned ignoramus, twenty dollars. For drawing bill of indictment and prosecuting the same, for every offense, triable only in the court of oyer and terminer and general jail delivery, except homicide, fifteen dollars, and ten dollars addi- tional for every day of trial exceeding one day. For every such bill returned ignoramus, eight dollars. For drawing bill of indictment and prosecuting the same, for every offense triable in the court of quarter sessions of the peace, eight dol- lars, and five dollars additional for every day of trial exceeding one day. For every such bill returned ignoramus, five dollars. For every such case settled with leave of court, five dollars. For every surety of the peace case, five dollars. For every homicide case, where insanity is pleaded at arrignment and a special jury called to try said issue, one ^iundred dollars. Sec 1, Act of March 31, 1915, P. L. 34, No. 18, amending Sec. 1, Act of May 6, 1909, P. L. 451, No. 25Z 8 114 211. IN COUNTIES LESS THAN 750,000 POPULATION. That in lieu of the fees now provided for by law, the [attorney gen- eral and] district attorneys of the several counties of this common- wealth, except the city and county of Philadelphia, and the county of Allegheny, shall receive respectively for Drawing indictment and prosecuting every offence indictable only in the oyer and terminer, ten dollars^ A bill for an offence indictable only in the oyer and terminer and returned ignoramus, five dollars. Drawing indictment and prosecuting every offence indictable only in the quarter sessions, five dollars. A bill for an offence indictable only in the quarter sessions and returned ignoramus, three dollars. Case settled with leave of court, three dollars. Every case of surety of the peace, three dollars. Sec. 1, Act of May 14, 18S7, P. L. 507, No. 568. This section is supplied as to counties over 750,000 population by three preceding sections. 212. IN CERTAIN COUNTIES NAMED. That in Ueu of the fees now allowed by law, the district attorney, in and for the coun- ties of Lawrence, Indiana, Jefferson, Dauphin, Crawford, Clearfield, Bradford, Wayne, Pike, Monroe, Carbon, Tioga, Luzerne, Butler, Lancaster, Lehigh, Northampton, Schuylkill, Elk, Warren, Susque- hanna, Lycoming, Blair, Cumberland, Cambria, Westmoreland, Fayette, Adams, Franklin, York," Somerset, Potter, Lebanon, Mc- Kean and Clinton, shall receive, respectively, for drawing indictment and prosecuting every offence, indictable only in the oyer and ter- miner, twelve dollars ; for every such bill, returned ignoramus, six dollars ; drawing bill of indictment, and prosecuting the same in the quarter sessions, wherever the prosecutor, or the defendant, is sen- tenced, or required to pay the costs, or the costs are divided between them, seven dollars; drawing and prosecuting all other indictments, in the quarter sessions, five dollars ; for every bill returned ignoramus, in the quarter sessions, and the prosecutor to pay the costs, five dol- lars; for every other such bill returned ignoramus, three dollars; a case settled with leave of court, five dollars ; every case of surety of the peace, five dollars. Sec. 1, Act of April 12, 1866, P. L. 103. This section was repealed as to Bradford county by the Act of February 14, 1867, P. L. 204. It was extended to the counties of Erie, Fulton, Lycoming, Berks, Mercer, Bucks and Centre by the Act of February 2, 1867, P. L. 134; to Huntingdon by the Act of February 27, 1867, P. L. 259; to Bedford by the Act of April 13, 1868, P. L. 1025; to Delaware by the Act of April 16, 1870, P. L. 1214; and to the city of Scranton by the Act of February 23~, 1870, P. L. 222. 115 213. FOR ARGUING CASE IN SUPREME COURT TO BE PAID BY THE COUNTY IN THE EVENT OF A REVERSAL OF THE JUDGMENT. That, together with the other costs in the supreme court, there shall be taxed the sum of ten dollars, to be paid to the district attorney for arguing the case, to be paid by the county in which the case has been tried, in the event of a reversal of the judg- ment. Sec. 6, Act of November 6, 1856 (1857),^P. L. 795. 214. IN COUNTIES OF LESS THAN 150,000 POPULATION TO BE FOR USE AND BENEFIT OF COUNTY. All fees upon indictments, and any other charges whatsoever now allowed to the district attorney, in counties whose population does not exceed one hundred and fifty thousand, shall remain as heretofore in amount; but hereafter shall be paid, as part of the costs, to the proper county, for its use and benefit. Sec. 5, Act of April 17, 1905, P. L. 170. The act of July 9, 1919, P. L. 795 (Sec. 158 above), fixes the salary of the district attorney in counties below 150,000 population. The con- titutionality of these provisions are doubtful. See note to Sec. 159 above. (h) Fees of Prothonotary. 1. In Counties Over 1,500,000 Population. 215. FEE BILL. That the fees to be received by the several prothonotaries of the courts of common pleas of this Common- wealth shall be as follows : — Issuing every writ of summons, capias, certiorari, or other original writ, except those which are herein specifically provided for, together with the services at the first court, entering pleadings and appear- ance, one dollar and fifty cents. Issuing every writ of fieri facias, scire facias, venditioni exponas, levari facias, habere facias, mandamus execution, or other writ of execution not herein specifically provided for, seventy-five cents. Stationery, fifty cents. Services of every subsequent court previous to trial, twenty-five cents. All services during the trial of a cause, including swearing of jury and witnesses, one dollar. Taking a recognizance, twenty-five cents. Entering motion and filing reasons in arrest of judgment, for a new trial, or for judgment non, obstante veredicto, twenty-five cents. Entering satisfaction of judgment, or discontinuance of suit, or marking suit or judgment to use, fifty cents. 116 Issuing subpoena, under seal, twenty-five cents. Issuing attachment in contempt and motion therefor, each name, one dollar. Copy of record or paper filed, for every ten words, two cents. Certificate and seal, fifty cents. Certified copy of rule, including seal and certificate, seventy-five cents. Drawing special jury, striking same, and copies for parties, seventy- five cents. Every search, where no oth6r service is performed to which any fee is attached, fifteen cents. Certificate and seal to search, twenty-five cents. Locality search, including certificate and seal, forty cents. Each lien or judgment certified, and each additional name on gen- eral or locality search, ten cents. Entering judgment on bond and warrant of attorney, upon con- fession of defendant, for want of appearance, plea, or want of an affidavit of defence, or sufficient affidavit of defence, on verdict, de- murrer, including judgment index entry, and statement of plaintiff, one dollar and twenty-five cents. Entering judgment on single bill, seventy-five cents. Entering amicable action, filing papers, stationery, and services at first court, one dollar and twenty-five cents. Entering transcript of judgment from justice of the peace or magis- trate, including docket entry, fifty cents. Taxing bill of costs other than prothonotary's, twenty-five cents. Retaxing bill of costs and report thereon, fifty cents. Taking testimony thereon, for every ten words, two cents. Making return to writ of error, one dollar. Entering proceedings of Supreme or Superior court, fifty cents. Citation and seal, and motion therefor, one dollar and fifty cents. Suggesting death of party, or diminution of record, or substituting a party, each party, fifteen cents. Administering oath other than on trial of cause, twenty-five cents. Amending record on motion, twenty-five cents. Entering appointment of guardian ad litem, twenty cents. Subpoena or alias subpoena in divorce, one dollar. FiHng and docketing libel in divorce, one dollar. Application for maintenance or alimony, one dollar. Filing and docketing motions and rules and other pleadings in di- vorce, each fifty cents. Proclamation, one dollar and fifty cents. Certificate of divorce, under seal, three dollars and fifty cents. Order of publication, one dollar. 117 Entering decree in minute book and docket, each, fifty cents. Indexing in divorce index, twenty-five cents. Docketing and filing bill to perpetuate testimony, order of court thereon, and recording same, one dollar and thirty-five cents. Commission to take testimony, and entering return, one dollar. Notifying each party of return of commission, when required, twenty-five cents. Entering acknowledgment of sheriff's or treasurer's deed, includ- ing certificate of the same, one dollar. Filing election return of general or municipal elections to be paid by the county, one dollar. Service at computation of returns of general or municipal election, for each election division, to be paid by the county, fifty cents. Filing and docketing petitions for appointment of assessors, elec- tion officers, or other petitions in relation to elections, to be paid by the county, seventy-five cents. Transmitting to Secretary of the Commonwealth copies of elec- tion returns, for each person returned, to be paid by the county, twenty-five cents. Filing and docketing balances due from collectors, including judg- ment docket entry, each case, twenty-five cents. Filing and entering county auditors' reports, each case, to be paid by the county, fifty cents. Notifying county commissioners, auditor, or directors of the poor of their election and time of meetings, to be paid by the county, each, fifteen cents. Filing any paper not relating to any suit pending, and not herein provided for, including docket entry, one dollar. Entering rule of reference, and copy under seal, sixty cents. Appointment of arbitrators and docketing same, and proof of serv- ice of rule, fifty cents. Each copy of rule or notice to arbitrators, thirty-five cents. Filing and entering report of arbitrators, including Judmgent docket entry, fifty cents. ^ Receiving and entering appeal from an award of arbitrators, tak- ing recognizance and affidavit, seventy-five cents. Filing and docketing petition for the appointment of a commission de lunatico, and for inquisition in re habitual drunkard, for the ap- pointment of a committee in insolvency, for the sale of unclaimed goods, or other petitions in connection with any proceedings, includ- ing order of court thereon, each, two dollars and fifty cents. Filing any original petition not herein provided for, two dollars and fifty cents. Issuing commission in lunacy and entering return, one dollar. 118 Writ to sheriff, in lunacy, one dollar. Entering confirmation or inquisition and appointment of committee in lunacy, one dollar. All services on sale of lunatic's or habitual drunkard's estate, in- cluding filing of committee's account, two dollars and fifty cents. Filing each subsequent account, one dollar. Filing and docketing other documents in said proceedings, each, twenty-five cents. Writs of habeas corpus and all proceedings thereon, one dollar. Filing and entering mechanic's lien or municipal lien, each prop- erty, seventy-five cents. Entering ejectment suit on ejectment index, twenty-five cents. Entering testatum fi. fa., ca. sa., or venditioni exponas, one dollar. Receiving and distributing money paid into court, for each dollar under five hundred, two cents. For each dollar exceeding five hundred, otie cent. Issuing venire, each case upon the jury trial list, seventy-five cents. Entry of such case upon the jury trial list, twenty-five cents. Recording any document required by law to be recorded, for every ten words, two cents. Drawing, filing, and docketing bond, and justification thereon, in- cluding seal and oath, one dollar and seventy-five cents. Drawing and fihng justification, including seal and oath, fifty cents. Filing and docketing account or report of assignee, auditor, trustee, committee, sequestrator, master, or examiner, two dollars and fifty cents. Filing and docketing petition for jury to assess land damages for feme sole traders (under acts of eighteen hundred and fifty-five and eighteen hundred and seventy-two), for the satisfaction of lost or ancient mortgage, for the extinguishment of ground-rent, for adop- tion, including order of court thereon, five dollars, Filing corporate charter, petition for change of corporate name, or alteration or amendment of charter, for merger, and all proceedings thereon, five dollars. Filing and docketing and all proceedings in assignment for the benefit of creditors, up to and including bond and justification of assignee and surety, five dollars. Filing and docketing appeal from the ward of road jury, and rail- road jury, one dollar and twenty-five cents. Filing and docketing affidavit of ownership, in ejectment, fifty cents. Filing and docketing affidavit of real owner, in mortgage, ground- rent, mechanic's lien, and municipal lien, fifty cents. Issuing and docketing order of sale in partition, one dollar and fifty cents. 119 Filing and docketing bill in equity, and rule to appear and answer, three dollars and fifty cents. Issuing alternative mandamus, quo warranto, and return thereon, including entry of appearance, pleadings and all services at first court, three dollars and fifty cents. Issuing and docketing injunction, and order of court thereon, two dollars and fifty cents. Jury fee, in each case tried by jury, four dollars. Issuing writ of scire facias or alias scire facias on lien, claim, judg- ment, to revive judgment sur bail in error, sur recognizance, sur certi- ficate of the orphans' court to executors and administrators of de- ceased party, to garnishee in foreign attachment, or on bill of dis- covery, seventy-five cents. Issuing attachment sur judgment, sur libel, domestic attachment, foreign attachment, and under the act of one thousand eight hundred and sixty-nine, one dollar and twenty-five cents. Entering certiorari to Supreme or Superior Court, and bond there- on, with justification, three dollars. Filing exemplification of judgment from another county, one dol- lar and twenty-five cents. Bail-piece, one dollar and fifty "cents. Indexing suit against a decedent's estate, twenty-five cents. Indexing judgment, assignment of judgment, or lis pendens in judgment index, twenty-five cents. Filing and indexing sheriff's certificate of attachment upon real estate, one dollar. Entering satisfaction upon judgment and locality indexes, each entry, tWenty-five cents. ' Entry restriction of lien of judgment, each property, fifty cents. Certified copy, under seal, of registration of physician, student-at- law, veterinarian, or dentist, one dollar. Entry of motion and order of court for admission of attorney-at- law, and certificate thereof, two dollars. Certificate of official capacity, under seal, one dollar. Certificate to exemplification of record, under act of Congress, one dollar. Entering revival of judgment by agreement, one dollar and twenty- five cents. Entering transcript from the orphans' court of amount due by executor, administrator, or guardian, each entry, fifty cents. Entry of precept from orphans' court, two dollars and fifty cents. Ea,ch entry upon locality index, twenty-five cents. Every suit ended before issued joined, or before jury trial, two dollars. 120 The fee for services not herein Specially provided for shall be the same as for similar service : Provided, hovirever, That the provisions of this act shall not apply to counties having a population of less than one million four hundred thousand, as compared by the preceding United State census. Sec. 1, Act of May S, 1911, P. L. 184, amending Sec. I, Act of May 1, 1907, P. L. 142. This act is supplied as to counties between 1,500,000 and 1,400,000 by Sec. 1, Act of May 3, 1915, P. L. 226, following section. 2. In Counties Between 1,500,000 and 800,000 Population. 216. FEE BILL. The fees to be received by the prothonotary of the courts of common pleas of this Conlmonwealth, in counties having over eight hundred thousand, and less than one million five hundred thousand inhabitants, according to the last preceding United States census, shall be as follows: — Action in Assumpsit. Entering, issuing writ or alias writ, and entering sheriff's return, one dollar and twenty-five cents. All other docket entries before filing of pleas or entering judgment, two dollars. Filing of plea or entering judgment, one dollar. Action in Trespass. Entering, issuing writ or alias writ of summons or capias ad respondendum, and entering sheriff's return, one dollar and twenty- five cents. All other docket entries before filing of pleas or entering judg- ment, two dollars. Filing of plea or entering judgment, one dollar. Adoption. Entering petition, docketing, and certificate, seventy-five cents. Appeals. To Supreme and Superior Courts, and bond thereon, with justi- fication, three dollars. From alderman, justice of the peace, and county court, one dollar and fifty cents. Receiving and entering appeals from an award of arbitrators, tak- ing recognizance and affidavit, one dollar. Receiving and entering appeal from board of viewers or assessors, one dollar and twenty-five cents. 121' Receiving and entering' appeal from recount of election returns, two dollars. Arbitrators. Entering of rule to choose, fifty cents. Entering of rule to refer, fifty cents. Assignments. Noting, docketing, and indexing, sixty cents. Attachment. Attachment execution, domestic attachment, foreign attachment, and, under the act of one thousand eight hundred and sixty-nine, iiling, docketing, and issuing writ, one dollar and twenty-five cents. Subsequent docket entries prior to judgment, two dollars. Issuing attachment in contenipt and motion thereof, each name, one dollar and twenty-five cents. Issuing attachment for defaulting witness, fifty cents. Issuing attachment, defaulting juror, fifty cents. ^ Bail. Bail-piece, one dollar. Bail for stay, entry and certificate, one dollar. Receiving and care of cash deposit in lieu of surety, two per cent, on the first five hundred dollars, and one per cent, on any additional amount. Certificate. Certifying record, and seal, fifty cents. Issuing certificate of appointment of commissioner, fifty cents. Issuing certificate of appointment of master, fifty cents. Issuing' certificate of appointment of auditor, fifty cents. Issuing certificate of no appeal, one dollar. Issuing certificate of no liens, for each five years or fraction thereof, one dollar. Issuing certificate of liens, for each five years or fraction thereof, one dollar and twenty cents for each lien unsatisfied. Issuing certificate of no suits, for each five years or fraction thereof, one dollar. Certificate of commission to notary, alderman, and justice of the peace, fifty cents. Certified copy of order of court, for each page or fraction thereof, thirty cents. Certificate and seal, fifty cents. Issuing certified copy of docket entry, one dollar and fifty cents. 122 Issuing certificate authorizing the collection of birds' -nests or eggs, for scientific purposes, one dollar. Entering certificate of judgment against boroughs, townships, and school districts, rendering by a justice or alderman, fifty cents. Certiorari. Issuing writ, and all proceedings thereon, three dollars and seventy-five cents. Case Stated. Filing and docketing, one dollar and twenty-five cents. All subsequent entries, three dollars. Change of Name. Filing and docketing petitiW, two dollars. Charter. Filing corpoifate charter, petition for change of corporate name, or alteration or amendment of charter for merger, and all proceed- ings thereon, five dollars and seventy-five cents. Citation. Filing and docketing petition, issuing writ, and return thereon, one dollar and twenty-five cents. Docketing all further proceedings, two dollars. Commission. Commission to take testimony, docketing and entering thereon, one dollar and twenty-five cents. Commission de lunatico inquirendo, filing and docketing petition, one dollar and twenty-five cents. Commission in partition and entering return, one dollar and twenty-five cents. Condemnation of Property. Filing and docketing petition, bond, order of court, and all subse- quent docket entries, four dollars and seventy-five cents. Contract. Filing and docketing building contract, one dollar and twenty-five cents. Depositions. Entry of rule, fifty cents. Dissolution. Of charter or partnership,, filing and docketing all proceedings thereon, five dollars and twenty-five cents. 133 Divorce. Filing and docketing libel, issuing subpoena, and entering sheriff's return, one dollar and twenty-five cents. Issuing alias subpoena and entering sheriff's return, one dollar and twenty-five eents. All subsequent docket entries, including certified copy of decree, three dollars and fifty cents. Election. Filing election returns, custody of and delivery of same to return- ing board, entering official returns in election docket, each district, one dollar, — To be paid by the county. Reporting and certifying election of justice of the peace, and all county. State, and other officers whose election is required to be re- ported and certified to the Secretary of the Commonwealth, each officer certified, fifty cents, — To be paid by the county. Certificate of appointment of election officers, one dollar and seventy-five cents. Petition to open ballot-box, filing and docketing, and certified copy of order, one dollar and seventy-five cents. Ejectment. Issuing writ and entering sheriff's return, one dollar and twenty- five cents. Indexing, and all subsequent docket entries prior to plea, two dol- lars and twenty-five cents. Filing plea or entering judgment thereon, one dollar. Equity. Filing of bill, one dollar and twenty-five cents. Esc;heat. Entry and docketing proceedings, five dollars. Estrepment. Issuing of writ, one dollar and twenty-five cents. Exemplification. Record from other county, filing and entering the same, one dol- lar and twenty-five cents. Feme Sole Trader. ' ; Petition, docketing, and all services thereunder, four dollars and seventy-five cents. 1^ Fieri Facias. Issuing and docketing writ and entering sheriif's return, seventy- five cents. Issuing and docketing testatum fieri facias and entering sheriff's return, seventy-five cents. Docketing and indexing testatum fieri facias from other county, one dollar and twenty-five cents. Financial Statement. Filing and docketing, one dollar and twenty-five cents. ^ Guardian. Filing and docketing petition and all subsequent proceedings, in- cluding certificate of appointment, four dollars and seventy-five cents. Habeas Corpus. Issuing writ, one dollar and twenty-five cents. Habere Facias. Issuing writ, docketing, and entering sheriff's return, seventy-five cents. Habitual Drunkards. Filing and docketing petition and all subsequent proceedings, four dollars and seventy-five cents. Injunction. Writ for preliminary injunction, one dollar and twenty-five cents. Inquiry. Issuing of writ, one dollar and twenty-five cents. Insolvency. Filing petition, docketing, and all subsequent proceedings, four dol- lars and seventy-five cents. Judgments. Docketing and indexing confessed judgments, one dollar and twenty-five cents. Entering satisfaction thereon, fifty cents. Judges, Detailment of. Entry of order and certificate, two dollars, — To be paid by the county. Levari Facias. Issuing writ, docketing, and entering sheriff's return, seventy-five cents. 125 Lien. Release, postponement, restriction, satisfaction, or discontinuance, fifty cents. Lists. Preparing files and records for cases on trial list, each case, twenty- five cents, — To be paid by the county. Preparing trial or argument list, each case, twenty-five cents, — To be paid by the county. Lunacy. Filing and docketing petition and all subsequent entries therein, four dollars and seventy-five cents. Mandamus. Filing, docketing petition, issuing writ, and entering return, and all other services, four dollars and seventy-five cents. Mechanics' Lien. Entering, docketing, and indexing, one dollar and twenty-five cents. Mortgages, Satisfaction Thereof. Filing, docketing petition, and all subsequent proceedings, includ- ing certificate, four dollars and seventy-five cents. Municipal Lien. ' ' Entering, docketing, and indexing, 6ne dollar and twenty-five cents. ' Naturalization. Duplicate copy of naturalization papers, one dollar. Oath of Office. Filing and docketing, one dollar and seventy-five cents. Overseers of Election. Filing petition for appointment, one dolfar and twenty-five cents. Each certificate, fifty cents. Party Name. Filing, docketing, and certificate for pre-emption of party name, three dollars and seventy-five cents. Perpetuating Testimony. Filing and docketing petition, one dollar and twenty-five cents. Entering order oi gewrt thereon, and recording the same, three dollars. 126 Partition. Filing, docketing, and issuing writ of summons, and entering sheriff's returns, one dollar and twenty-five cents. Subsequent docket entries prior to judgment, two dollars. Entry of judgment therein, one dollar. Writ de partitione faciendo, one dollar and twenty-five cents. Petition. Filing petition for oral examination as to title of property, one dollar. Filing and docketing any petition not herein specifically provided for, two dollars and fifty cents. Possession. Entry, issuing writ, and return thereon, one dollar and twenty- five cents. Quo Warranto. Filing and docketing petition, issuing writ, and all further pro- ceedings thereon, two dollars and fifty cents. Receipt. Entering or issuing, fifty cents. Registration and Certificate. Partnerships, physicians, veterinarians, dentists, and stallions, one dollar. Remittitur. Entering the same from Supreme or Superior courts, one dollar. Replevin. Entry issuing writ, and all services prior to judgment, three dol- lars and twenty-five cents. Issuing writ of retorno habendo, seventy-five cents. Reports. Report to county commissioners of every judgment or lien, assign- ment or satisfaction thereof, each, ten cents, — Not to exceed six hundred dollars per annum. Entering report of treasurer, and acknowledging treasurer's deed, one dollar and fifty cents. School Auditor. Docketing order of appointment, one dollar and twenty-five cents. Each certificate issued, fifty cents. Entry of auditors, official oath, fifty cents. Entry of report of school auditors' docket, for each page of re- port, thirty cents. 127 School Directors. Docketing, order of appointment and certificates thereof, in dis- tricts of the first class, two dollars. Scire Facias. Sur mortgage, filing, docketing, issuing writ, certificate to recorder, entering on scire facias, and entering sheriff's return, one dollar and seventy-five cents. Alias writ, one dollar and twenty-five cents. All other writs of scire facias and alias writs, filing, docketing, issuing, indexing, and entering sheriff's return, one dollar and twenty-five cents. Suggestion of Freehold. Entry and certificate, one dollar. Subpoena. Issuing of, twenty-five cents. Tax Lien. Filing and entering, each, fifty cents. Satisfaction of, each, fifty cents. Filing and entering where special dockets are required, and in- dexing on judgment index, each, one dollar and twenty-five cents. Filing and entering suggestion and averment of unpaid tax or municipal claim, and indexing judgment docket, one dollar. Transcribing. Any paper or record, per page or fraction thereof, thirty cents. Transcript. Docketing and indexing transcript from alderman, Justice of the peace, and county court, one dollar and twenty-five cents. Venditioni Exponas. Issuing writ and entering sheriff's return, seventy-five cents. Verdict. Verdict fee and indexing in judgment docket, four dollars. Viewers. Docketing petition, one dollar and twenty-five cents. Issuing precept, one dollar and twenty-five cents. All subsequent docket entries, three dollars. Ceftified copy of report, three dollars. 128 Workhouse Release. Making out petition and certificate, one dollar. The fees hereinbefore enumerated shall be exclusive of any State tax now levied or that may hereafter be levied. Sec. 1, Act of May 3, 191S, P. L. 226. 217. FOR SERVICES NOT PROVIDED FOR. The fee for docketing, entering, filing, or performing any other service au- thorized by law or rule of court, the services of which are not herein provided for, the prothonotary shall receive the same official fees as for similar services herein provided for. Sec. 2, Act of May 3, 191S, P. L. 226. 218. SERVICES NEED NOT BE PERFORMED UNTIL FEE IS PAID. The prothonotary shall not be required to perform any service whatsoever until the requisite fee is paid as herein provided. Sec. 3. Act of May 3, 1915, P. L. 226. 3. In Counties Between 800,000 and 150,000 Population. 219. FEE BILL. The fees to be received by the several pro- thonotaries of the courts of common pleas of this Commonwealth, in counties having a population of over one hundred fifty thousand and under one million, shall be as follows: — Issuing every writ of summons or capias, docketing same, and en- tering return of service, but not more than three names, one dollar and fifty cents. Issuing writ of summons in ejectment, docketing same, and enter- ing return of service, and indexing in ejectment index, not more than three parties or more than one description, three dollars. Entering and docketing amicable ejectment, including entering judgment thereon, and indexing in ejectment docket, not more than three names or more than one description, four dollars. Issuing writ of scire facias sur mortgage or mechanics' lien, not more than three names or more than one description, three dollars. Issuing and docketing writ of foreign attachment, and entering re- turn of service, not more than three names, two dollars and fifty cents. Issuing and docketing mandamus quo warranto, and entering re- turn of service, not more than three names, three dollars. Alias summons or capias, one dollar and fifty cents. Alias summons in ejectment, two dollars. Issuing and docketing attachment execution or mandamus execu- tion, or alias attachment execution or alias mandamus execution, act more than three names, two dollars. 129 Entering amicable action, filing papers, and docket entries, not more than three names, three dollars. Issuing every writ of certiorari, docketing same, services at court, and entering judgment thereon, not more than three names, three dollars. Issuing writ of replevin, docketing, entering return of service, fil- ing bond and declaration, three dollars. Filing and docketing counter-bond in replevin, and certificate to sheriff, one dollar and twenty-five cents. Each additional name, twenty-five cents. Each additional description, fifty cents. Stationery, fifty cents. Filing and docketing appearance, statement, declaration, affidavit of defense, demurrer, pleas, or any other paper in an action pending, twenty-five cents. Placing case upon issue list, to be paid by the county, each, twenty- five cents. Issuing and docketing license to peddle, to be paid by the county, one dollar and fifty cents. Suggesting death of a party, diminution record or amending record, fifty cents. Framing an issue in any action, one dollar. Entering motions, twenty-five cents. Entering order of court in any action pending, twenty-five cents. Filing praecipe for jury trial list, twenty-five cents. Placing case upon the argument list, twenty-five cents. All services during the trial of a cause, including swearing of jury and witnesses, two dollars. Issuing venire, each case upon the jury trial list, to be paid by the county, seventy-five cents. Filing and entering agreement to refer to referee, including enter- ing judgment, not more than three names, one dollar and twenty-five centg. Each additional name, twenty-five cents. Entering rule of reference, appointment of arbitrators, and service incident thereto, two dollars. Filing and entering report of arbitrators, including judgment docket entry, not more than three names, one dollar. Each additional name, twenty-five cents. Filing and docketing appeal from award of arbitrators, one dollar. Entering discontinuance of suit, one dollar. Every suit ended before issue joined, or before jury trial, two dollars. 130 Entering judgment on bond and warrant of attorney, upon con- fession by defendant, for want of an appearance plea, or want of an affidavit of defense, or sufficient affidavit of defense, on verdict, demurrer, including judgment index entry, not more than three names, one dollar. Each additional name, twenty-five cents. Entering satisfaction of judgment, thirty cents. Entry of assignment or release of lien or judgment, each property, fifty cents. Attestation, twenty-five cents. Reporting list of judgments, ■ a.ssignments, and satisfactions en- tered, to be paid by the county, each, twenty-five cents. Filing and entering appointments made by the court, to be paid by the county, two dollars and fifty cents. Certificates of appointment, to be paid by the county, each, fifty cents. Entry of motion and order of court for admission of attorney-at- law, and certificate thereof, two dollars and fifty cents. Adoption, including decree, certificate thereof, and all docket en- tries, two dollars and fifty cents. Filing and entering appeal from report of auditors, two dollars and fifty cents. Filing and entering county controller's report, to be paid by the county, two dollars and fifty cents. Bail-piece, one dollar and fifty cents. Filing corporate charter, petition for change of corporate name, or alteration or amendment of charter for merger, co-partnership, or dissolution of partnership, two dollars and fifty cents. Certificate, under seal, fifty cents. Entering docket, and making return or certiorari to supreme or superior court, filing bond, and filing and docketing remittitur there- from, five dollars. Commission to take testimony, entering return, and notifying^each party of return of commission, one dollar and fifty cents. Citation and seal, and motion therefor, one dollar and fifty cents. Writ of habeas corpus and all proceedings, to be paid by the county, two dollars. Filing and docketing orders of the court, to be paid by the county, each, two dollars and fifty cents. Petition for divorce, order thereon, and subpoena in divorce, in- cluding docketing same, four dollars. Receiving, disbursing, and accounting for deposit in divorce, one , dollar. Alias subpoena in divorce, one dollar. Application for maintenance or alimony, one dollar. 131 Filing and docketing rule for final decree, one dollar. Filing and docketing motions and rules, and other pleadings in divorce, each, fifty cents. Entering decree in minute book docket, and indexing in index docket, one dollar. Certificate of divorce, under seal, two dollars. Filing and docketing municipal or tax liens, each, two dollars. Filing election returns and all proceedings thereon, to be paid by the county, each district, three dollars. , Entering, indexing, and docketing judgments against tax collec- tors, to be paid by the county, each, one dollar and fifty cents. Entering and docketing exemplification of record not more than three names, one dollar and fifty cents. Each additional name, twenty-five cents. Exemplified record, per hundred' words, twenty-five cents; minimum fee, two dollars. Entering and filing mechanics' lien, one description and not more than three names, two dollars and fifty cents. Entering and filing stipulation against liens, two dollars. Entering and filing building agreement, one description, not more than three names, two dollars and fifty cents. Each additional name, twenty-five cents. Each additional description, fifty cents. Transcribing same in full, per one hundred words, twenty-five cents. Drawing special jury, striking same, and copies for parties, seventy- five cents. Certificate for pay for jurors, each juror, to be paid by the county, fifty cents. Rule for interrogatories and entering return of service, each garnishee, one dollar. Reporting election of justices of the peace to the Secretary of the Commonwealth to be paid by the county, each, fifty cents. Notifying county officers, auditors, directors of the poor, and elec- tion officers of their election, to be paid by the county, each, fifty cents. Filing and docketing petition for the appointment of a commis- sion de lunatico, and for inquisition in re habitual drunkard, for the appointment of a committee in insolvency, for the sale of unclaimed goods, or other petitions in connection with any proceedings, includ- ing order of court thereon, each, two dollars and fifty cents. Issuing commission in lunacy, and entering return, one dollar. Writ to sheriff, in lunacy, one dollar. N 132 Entering confirmation of inquisition and appointment of commit- tee in lunacy, one dollar. All services on sale of lunatic's or habitual drunkard's estate, in- cluding filing account of committee, two dollars and fifty cents. Filing each subsequent account, one dollar. Filing and docketing other documents in said proceedings, each, twenty-five cents. Preparing files and records for cases on trial or argument list, to be paid by the county, each case, fifty cents. Issuing attachment for contempt and motion therefor, to be paid by the county, each, one dollar. Certificate of notary public, twenty-five cents. Administering oath, other than on the trial of a case, twenty-five cents. Filing and docketing petition to sell or mortgage real estate, for the satisfaction of lost or arjcient mortgage, including order of court thereon, one description and not more than three names, five dollars. Each additional description, fifty cents. Each additional name, twenty-five cents. Filing power of attorney, twenty-five cents. Reporting to Secretary of Commonwealth copies of election re- turns, for each person or party returned, to be paid by the county, fifty cents. Issuing every writ, alias or pluries writ of fieri facias, one dollar. Issuing every writ, alias or pluries writ, of venditioni exponas, levari facias, habere facias, capias ad satisfaciendum, one descrip- tion, one dollar. Each additional description, fifty cents. ^ Issuing writ of scire facias or alias scire facias on lien, claim, judg- ment, to revive judgment'Sur bail in error, sur recognizance, sur cer- tificate of the orphans' court to executors and administrators of de- ceased party, to parnishee in foreign attachment, or on bill of dis- covery, two dollars. Entering revival of judgment by agreement, two dollars. Entering testatum fi. fa., ca. sa., or vend, ex., one dollar. Issuing testatum fi. fa., ca. sa., or vend, ex., one dollar. Filing and docketing petition for a sheriff's interpleader, including orders of court thereon, two dollars and fifty cents. Entering transcript or judgment or appeal from justice of the peace or magistrate, including docket entries, one dollar and twenty- five cents. Entering satisfaction upon judgment and locality indexes, each entry, twenty-five cents. Entering appointments of guardian ad litem, fifty cents. 133 Docketing and filing bill to perpetuate testipiony, order of. court thereon, and recording same, two dollars and fifty cents. Filing and docketing petition for the appointment of viewers, fil- ing report and confirmation, five dollars. Proclamation, one dollar and fifty cents. Registration of student-at-law, physician, veterinarian, or dentist, one dollar. Taxing bill of costs, twenty-five cents. ' Filing exceptions and rule to re-tax bill of costs, and filing report thereon, fifty cents. Re-taxing bill of costs, each hour, one dollar. Taking testimony thereon, per one hundred words, twenty-five cents. Taking a recognizance, twenty-five cents. Entering a rule to take depositions, fifty cents. Issuing a subpoena, under seal, thirty cents. Registration of stallion, one dollar. Statement, twenty-five cents. Making search for liens in judgment docket index for five years last past, one dollar. Making search in any other docket, for five years last past, each, twenty-five cents. Each reference found, ten cents. Each reference cited, twenty cents. Acknowledgment of sheriff's or treasurer's deed, including all docket entries incident thereto, two dollars and fifty cents. Filing and docketing suggestions sur municipal lien, one dollar. Services of each minute or court clerk, during sessions of court, to be paid by the county, each day, four dollars. Receiving and distributing money paid into court, for each dollar under five hundred dollars, two cents. For each dollar exceeding five hundred dollars, one cent. Recording any document required by law to be recorded, per one hundred words, twenty-five cents. Drawing, filing, and docketing bond and justification thereon, in- cluding seal and oath, one dollar and twenty-five cents. Filing and docketing account or report of assignee, auditors, trus- tee, committee, sequestrator, master, or examiner, two dollars and fifty cents. Transcribing report, per one hundred words, twenty-five cents. Filing, docketing, and all proceedings in assignment for the benefit of creditors, up to and including bond and justification of assignee and surety, five dollars. Filing and docketing appeal from award of road jury or railroad jury, one dollar and twenty-five cents. 134 Issuing and docketing order of sale in partition, one dollar and fifty cents. Filing and docketing exemplification of judgment from another county, one dollar and fifty cents. Indexing suit against a decedent's estate, twenty-five cents. Filing and indexing sheriff's certificate of attachment upon real estate, one dollar. Certificate to exemplification of record, under act of Congress, one dollar. Entering transcript from the orphans' court of amount due by executors, administrators, or guardians, each entry, two dollars. Entry of precept from the orphans' court, two dollars and fifty cents. Each entry upon locality index, twenty-five cents. Filing and docketing any petition not herein provided for, two dollars and fifty cents. Filing and docketing bill in equity, and rule to appear and answer, not over four names, two dollars and fifty cents; each additional name, twenty-five cents. Filing, docketing, bill in equity for injunction, issuing injunction and order of court thereon, not over three plaintiffs, three dollars and fifty cents. (See following section.) Each additional defendant, fifty cents. Entering appearance, filing answer, demurrer, replication, twenty- fiVe cents. Entering any order of court, minimum, fifty cents. Entering judgment, one dollar. Entering, serving, and returning decree nisi, three dollars. Filing any paper not above specified, twenty-five cents. The fee for services not herein specially provided for shall be the same as for similar services : And provided. That the fees herein- before enumerated shall be exclusive of any State tax now levied or that may hereafter be levied. Sec. 1, Act of May 23, 1913, P. L. 315, amending Sec. 1, Act of May 12, 1911, P. L. 301. This section is supplied as to counties between 1,000,000 and 800,000 by Sec. 1, Act of May 3, 1915, P. L. 226, Sec. 216 above. 220. ITEM OF FEE BILL. Filing, docketing, bill in equity for injunction, issuing injunction and order of court thereon, not over three defendants, three dollars and fifty cents. Sec. 1, Act of April 2, 1913, P. L. 37, amending part of Sec 1 Act of May 12, 1911, P. L. 301. 135 221. SERVICES NEED NOT BE PERFORMED UNTIL FEE IS PAID. The prothonotary shall not be required to issue any writ, docket any order of court, or enter any judgment thereon, or perform any service whatsoever, until the requisite fee is paid. Sec. 2, Act of May 12, 1911, P. L. 301. 4. In Counties Under 150,000 Population. 222. FEE BILL. The fees to be received by the several protho- notaries of the courts of common pleas [and of the district courts] of this commonwealth, shall be as follows : Every writ of summons, capias, or certiorari, and docketing the same, including stationery, filing papers, entering return, and services at first court, one dollar and fifty cents. Every alias summons, or capias, sixty cents. Every other writ, and filing papers, stationery, and services at first court, one dollar and seventy-five cents. Every alias, scire facias, ninety cents. Every subsequent court, where cause is put down for trial includ- ing issue list, twenty-five cents. All services during trial of cause including swearing jury, witnesses and constable, one dollar. Taking a recognizance, twenty-five cents. Entering motions and filing reasons in arrest of judgment or for a new trial, twenty-five cents. Entering satisfaction of judgment or discontinuance of suit, twenty cents. Issuing subpoena under seal with two names, thirty cents. Every name after the first, three cents. Issuing attachment and motion therefor, fifty cents. Copy of record or paper filed, for every ten words, two cents. Certificate and seal, thirty cents. Drawing special jury, striking same and copies for parties, seventy- five cents. Every search where no other service is performed to which there is any fee attached, fifteen cents. Fi. fa. or ca. sa., and entering return, sixty cents. Venditioni exponas, levari facias, or other writ in the nature of an execution and entering return, ninety cents. Entering judgment on bond, or on warrant of attorney, or upon confession by defendant, or on motion in open coutt, or for want of appearance, plea or an affidavit of defence, and on verdict of jury, including judgment docket entry and statement to plaintift", seventy- five cents. 136 Entering amicable action, filing papers, stationery, and services at first court, one dollar and twenty-five cents. Taxing bill of cost, other than prothonotary's, twenty-five cents. Re-taxing bill of costs and report thereon, fifty cents. Taking testimony in same, for every ten words, two cents. Making return to writ of error, one dollar. Entering proceedings of supreme court, fifty cents. Entering transcript of judgment from justice of the peace, includ- ing judgment docket entry, fifty cents. Entering appeal from justice, including stationery, filing papers and services at first court, one dollar and twenty-five cents. Citation and seal, and motion therefor, fifty cents. Suggesting death of a party, or diminution of record, or sub- stituting a party, each, fifteen cents. Administering oath other than on trial of a cause, ten cents. Amending record on motion, et cetera, twenty cents. Entering appointment of guardian ad litem, twenty cents. General certificate for jurors' and constables' pay, to be paid by the county, seventy-five cents. Filing petition and all papers relating to application of insolvent debtors, recording order, et cetera, one dollar. Subpoena in divorce, or alias subpoena, one dollar. All other proceedings in divorce, except subpoenas for witnesses or commission to take testimony, two dollars and fifty cents. Reading and filing bill to perpetuate testimony, order of court thereon, and recording same, one dollar and thirty-five cents. Commission to take testimony and entering return, one dollar. Certified copy of rule to take depositions, thirty cents. Certified copy of any other rule, thirty cents. All proceedings on application to enforce contract, one dollar. All proceedings on petition of administrator to make deed, one dollar. All proceedings on petition for sheriff to make deed for land sold by former sheriff, one dollar. Entering acknowledgment of sheriff's or treasurer's deed, includ- ing certificate of same, one dollar. All proceedings in acknowledging a deed barririg estate tail, one dollar. Filing all election returns at each general election, to be paid by the county, one dollar. Filing and docketing balances due from collectors, including judg- ment docket entry, each case, twenty-five cents. Filing and entering county auditor's reports, each case, to be paid by the county, fifty cents. 137 Notifying county commissioners, auditors or directors of the poor of their elections and time of meeting, to be paid by the county, each fifteen cents. Filing any paper not relating to any suit pending and not herein- before provided for, twenty-five cents. Every docket entry not relating to any suit pending or judgment entered, and for which no provision is' made in this fee bill, filing papers in same, seventy-five cents. Entering rule of reference and copy under seal, sixty cents. Appointment of arbitrators, > and docketing the same, including proof of service of rule, fifty cents. Each copy of rule, or notice to arbitrators, twenty-five cents. Filing and entering report of arbitrators, including judgment docket entry, fifty cents. Receiving and entering appeal from award of arbitrators, taking recognizance and affidavit, receiving and paying costs, seventy-five cents. Filing petitions in lunacy, or habitual drunkard, and entering order of court thereon, one dollar. Issuing commission and entering return, one dollar. Writ to sheriff, seventy-five cents. Entering confirmation of inquisition and appointment of commit- tee, one dollar. Taking and filing bond of committee, fifty cents. All services on sale of lunatic's estate, or habitual drunkard, in- cluding the filing of committee's account, two dollars. Filing each subsequent annual account thereafter, fifty cents. Transmitting to secretary of the commonwealth copies of election returns, for each person returned, to be paid by the county, twenty- five cents. Writ of habeas corpus, and proceedings thereon, one dollar. Application for maintenance or alimony, one dollar. Filing and entering mechanic's lien, one dollar. Entering scire facias to continue lien on judgment docket, twenty- five cents. Entering ejectment suit on ejectment index, twenty-five cents. Entering, testatum fi. fa., ca. sa., or venditioni exponas, one dollar. Furnishing list of liens, except certificate and seal, each judgment, ten cents. Receiving and distributing money paid into court, for each dollar under five hundred, two cents. For each dollar, exceeding five hundred, one cent. 138 N The fee for services not herein specially provided, shall be the same as for similar services. Sec. 3, Act of April 2, 1868, P. L. 3. (By a proviso in Sec. 11 of this act, the counties of Allegheny, Lan- caster, Montgomery, Philadelphia, Beaver and Washington were re- moved from the operation of the act. This proviso was repealed as to Lancaster by the Act of May 5, 1899, P. L. 246, No. 140; and as to Montgomery by the Act of April 10, 1873, P. L. 641, No. 695. The section is supplied as to all counties over 150,000. See Sees. 215, 216 and 219 above. 223. ADDITIONAL FEE FOR FILING ASSIGNMENT OF JUDGMENT. In addition to the fee now authorized to be charged for filing assignments, the said prothonotaries are hereby authorized to charge and receive a fee of ten cents for every assignment so in- dexed, to be paid by the assignee. Sec. 2, Act of May 24, 1878, P. L. 138. This section is supplied as to all counties over 150,000 population. See Sees. 215, 216 and 219 above. 224. IN ADOPTION PROCEEDINGS. The fees to be received by the several prothonotaries of the courts of common pleas for fil- ing petitions for the adoption of minors and entering the order of court thereon, shall be twenty-five cents for each petition so filed, [and it shall be the duty of the prothonotary to furnish to the adopt- ing parent a copy of the proceedings certified under the seal of the court,] for an additional fee of fifty cents for each copy so furnished. Sec. 1, Act of May 26, 1893, P. L. 145, No. 93. This section as to the fee of the prothonotary, is supplied as to all counties over 150,000 population. See Sees. 215, 216 and 219 above. 225. ATTENDANCE IN COURT IN COUNTIES UNDER 70,000 POPULATION. From and after the passage of this act, in all counties having a population of less than seventy thousand in- habitants, the prothonotary of the court of common pleas shall re- ceive a fee of five dollars for each day of his attendance in court; which fee shall be paid by the county. Sec. 1, Act of July 17, 1919, P. L. 1001.- 5. Miscellaneous Items. 226. FOR INDEXING IN ADSECTUM JUDGMENT INDEX. The prothonotaries of the several courts of common pleas are hereby authorized to collect, as part of the costs for entering any judgment or assignment thereof, a fee of twenty-five cents for indexing said 139 judgments or assignments in the adsectum judgment index, in ad- dition to any fees which they are now authorized to collect by ex- isting laws. Sec. 2, Act of May 28, 191S, P. L. 614. 227. FOR REPORTING INCORPORATIONS TO AUDITOR GENERAL TO BE PAID BY CORPORATIONS. The prothono- tary of each court of common pleas in this Commonwealth shall re- port to the Auditor General each month the names of the corpora- tions incorporated by the said court, with the names and addresses of the directors thereof, and for so doing shall receive a fee of one dollar from each of such corporations. Sec. 1, Act of June 9, 1911, P. L. 738, No. 305. (i) Fees of Clerk of Quarter Sessions and Oyer and Terminer. 1. In Counties Over 1,500,000 and in Counties Between 800,000 and 500,000 Population. 228. FEE BILL. That from and after the passage of this act, the fees to be paid to, collected, received and charged by the clerks of courts of oyer and terminer and general jail delivery and quarter sessions of the peace for counties in this Commonwealth containing more than (500,000) five hundred thousand inhabitants, shall be as follows : For the Court of Oyer and Terminer. All services performed in any one prosecution where a bill is found by the grand jury, except subpoena, four dollars. s Ignoramus, where a bill is returned, two dollars. Subpoenas, the same fees as are allowed the clerks of quarter ses- sions. Certificate and seal certificate, the same fees as are allowed the clerks of quarter sessions. For the Court of Quarter Sessions. Appeals from aldermen, twenty-five cents. Affidavits, twenty-five cents. Attachments, one dollar. Bail-piece, one dollar. Bail bond, one dollar. Bail bond, justification of, one dollar. Bail notices, for new court, each, five cents. Bail notices, for old court, each, five cents. Bench warrants, one dollar. 140 Bonds for liquor license, filing frame and glass, two dollars and fifty cents. Bonds for peddler's license, one dollar and twenty-five cents. Bonds for constables, one dollar. Commitment at labor to county prison, fifty cents. Commitment to county prison, fifty cents. Commitment to eastern penitentiary, fifty cents. Commitment to house of refuge, fifty cents. Commitment to house of correction, fifty cents. Certificate and seal, each twenty-five cents. Certificate for constables, fifty cents. Certificate of acknowledgment, fifty cents. Certificate for writ of habeas corpus, one dollar. Certificate for Fairmount park commissioners in duplicate, two dollars. Certificate on city treasurer, one dollar and twenty-five cents. Certificate for nolle prosequi, one dollar. Certificate for payment of jurors, fifty cents. Certificate for payment of road jurors, fifty cents. Certificate for the sheriff to draw jurors, one dollar. Certificate for the sheriff to draw grand jurors, one dollar. Certificate for the sherifF-to draw special venire, one dollar. Certificate when judge acts as a magistrate, affidavit, warrant and service, one dollar and fifty cents. Certificate for ignored bill, fifty cents. Certificate in breach of peace case, fifty cents. Certificate in apprentice case, fifty cents. Certificate of re-consideration of sentence, fifty cents. Commission on lunacy, swearing commission, filing and recording, et cetera, two dollars and fifty cents. Commission on lunacy, pauper's papers, two dollars and fifty cents. Certified copy of record bill of indictment, two dollars. Certified copy of record docket entries, one dollar. Certified copy of record docket entries, in road cases, one dollar. Citations, fifty cents. Constables return on liquor license, one dollar. Dog register, one dollar. Declaration of intention to become a citizen, one dollar. Discharge on ignored bill, fifty cents. Discharge on bail entered, fifty cents. Discharge prisoner from dock, twenty-five cents. Desertion cases, in lieu of all fees chargeable, tw^o dollars. Exemplification of the record, homicide, four dollars. Exemplification of the record, general cases, two dollars. 141 Fi. fa., debt, seventy-five cents. Filing and entering reasons for new trial, fifty cents. Filing and entering motions in arrest of judgment, fifty cents. Filing and entering bail bond or recognizance from magistrate, fifty cents. Filing and issuing summons for recognizance, seventy-five cents. Filing and entering docket entries, each, fifty cents. Indictment, process on docket entry and sheriff's return thereon, seventy-five cents. Ignoramus where bill is returned, two dollars. Joinder in issue and entering pleas, twenty-five cents. Joinder, retraction of, twenty-five cents. Jurors defaulting, issuing notices to, fifty cents. Jurors, fieri facias against, seventy-five cents. Mandamus and proceedings thereon, two dollars. Motion and rule other than elsewhere provided for, twenty-five cents. Naturalization adults, two dollars. Naturalization minors, two dollars. Naturalization soldiers, two dollars. Petition and prder for a view or a review of a road or bridge under seal orders to open, filing report, recording, et cetera, five dollars. Recognizance, calling and entering forfeiture, twenty-five cents. Recognizance forfeited, respited or discharging, and motion there- for, twenty-five cents. Recognizance, taking each, one dollar. Return to writ of error, one dollar. Receiving and entering constables return, twenty-five cents. Record or paper filed, for every ten words, one cent. Search from judgment to docket, single name, forty cents. Search from judgment to docket, extra single name, ten cents. Search from judgment to docket, two names extra and so on, twenty-five cents. Subpoena and seal, twenty-five cents. Subpoena, each name after first, two cents. Services of clerk where true bill is found, in lieu of all items chargeable in fee bill, three dollars. Services in all other cases, fifty cents. Seizure, warrant of proceedings thereon, one dollar. Seal in every case, twenty-five cents. Summons on recognizance, seventy-five cents. Supreme court, entering proceedings of, one dollar. Supreme court, on warrant of seizure, one dollar. Supreme court, one return to writ of error, seventy-five cents. 142 Taxing a bill of costs other than the clerk's of the sessions, fifty cents. Swearing grand jury, two dollars. Swearing petit jury in each case, one dollar. Venire for grand jury, one dollar. ' Venire for petit jury, one dollar. Venire for special jury, one dollar. Venditioni exponas, issuing writ, seventy-five cents. Sec. 1, Act of May 1, 1879, P. L. 40, No. 38. The fees for the clerk of courts in counties between 1,500,000 and 800,000 are fixed by the Act of June 11, 1915, P. L. 938, Sec. 230 below. 229. BY WHOM FEES TO BE PAID. All fees for services per- formed for the county shall be charged against the county, and in all cases where services are rendered for an individual the proper fees shall be received and collected from the person for whom the service is rendered. Sec. 2, Act of May 1, 1879, P. L. 40, No. 38. 2. In Counties Between 1,500,000 and 800,000 Population. 230. FEE BILL. From and after the passage of this act, the fees to be paid to and received and charged by the several clerks of the courts of oyer and terminer, and general jail delivery, and quarter sessions of the peace, in counties of this Commonwealth having a population of over eight hundred thousand and less than one million five hundred thousand inhabitants, a's computed by the last preced- ing United States census, shall be as follows : — Appeals from aldermen, twenty-five cents ($.25) . ^ Affidavits, fifty cents ($.50). Attachments or process on any cause, one dollar ($1.00). Bail-piece, two dollars ($2.00). Ballots, preparing for jury, per panel, two dollars and fifty cents ($2.50). liail-bond, one dollar ($1.00). Bail-bond justification, filing of, twenty-five cents ($.25). Bench warrants, one dollar ($1.00). i Bonds for liquor license — filing, frame, and glass, two dollars and fifty cents ($2.50). Bonds for pedler's license, one dollars and twenty-five cents ($1.25). Bonds for constables, one dollar ($1.00). Bonds for tax collectors (original), two dollars and seventy-five cents ( $2.75). Bonds for tax collectors (renewal each year), one dollar ($1.00). 143 Certificate of election of municipal ofificers, each, fifty cents ($.50). Commitment to county prisons, fifty cents ($.50). Commitment to eastern or western penitentiary, fifty cents ($.50). Commitment to house of refuge, fifty cents ($.50). Commitment to house of correction, fifty cents ($.50) . Commitment to detention-room (juvenile), fifty cents ($.50): Certificate of incorporation of new municipalities to Superintendent of Public Instruction, five dollars ($5.00). Certificate for constables for election or appointment, one dollar ($1.00). Certifi^cate of acknowledgment, fifty cents ($.50). Certificate for writ of habeas corpus, one dollar ($1.00). Certificate to county treasurer (each name; paid by county), one dollar ($1.00). Certificate for nolle prosequi, one dollar ($1.00). Certificate for payment of jurors (each name), one dollars ($1.00). Certificate for payment of road jurors, fifty cents ($.50). Certificate for the sherifif to draw jurors, one dollar and fifty cents ($1.50). Certificate for the sheriff to draw grand jurors, one dollar and fifty cents ($1.50). Certificate for the sherifif to draw special venire, one dollar and fifty cents ($1.50). Certificate when judge acts as a magistrate; affidavit)| warrant, and service, one dollar and fifty cents ($1.50). Certificate for ignored bill, one dollar ($1.00). Certificate in breach of peace case, fifty cents ($.50). Certificate in apprentice case, fifty cents ($.50). Certificate of reconsideration of sentence, fifty cents ($.50) . Commission on lunacy, swearing commission, filing and recording, et cetera, two dollars and fifty cents ($2.50) . Commission on lunacy, paupers' papers, two dollars and fifty cents, ($2.50). Certified copy of record bill of indictment, two dollars ($2.00). Certified copy of report of laying out or vacating public road, five dollars ($5.00). Certified copy of record docket-entries (quarter sessions), one dol- lar ($1.00). Certified copy of record docket-entries (oyer and terminer), two dollars ($2.00). Certified copy of record docket-entries in road cases, five dollars ($5.00). Citations, fifty cents ($.50) . Constables' quarterly returns, one dollar ($1.00). 144 Detective license, filing application for, and advertisement, twenty- five dollars ($25.00). Dog register, one dollar ($1.00). Declaration of intention to become a citizen, one dollar ($1.00). Discharge on ignored bill, fifty cents ($.50). Discharge on bail entered, fifty cents ($.50). Discharge prisoner from dock, twenty-five cents ($.25) . Desertion cases, in lieu of all fees chargeable, two dollars ($2.00). Exemplification of the record, homicide, five dollars ($5.00). Fi. fa., debt, one dollar ($1.00). Filing and entering reasons for new trial, fifty cents ($.50). Filing and entering motions in arrest of judgment, fifty cents ($.50). Filing and entering bail-bond or recognizance from magistrate, fifty cents ($.50). Filing and issuing summons for recognizance, seventy-five cents ($.75). Filing and entering coroner's return (each inquisition), fifty cents ($.50). Filing and entering petition for appointment of auditors, tax col- lectors, constables, and all other municipal officers, two dollars ($2.00). Filing and entering auditor's reports, one dollar ($1.00). Filing and recording proceedings for redistricting, or change of polling-place proceedings, each district, three dollars ($3.00). Filing and entering opinions of court of common pleas, Superior, or Suprfeme Court, two dollars ($2.00). Filing and docket-entries, true bill, three dollars ($3.00). Filnig and entering certiorari or appeals to common pleas, Su- perior or Supreme Court, three dollars and fifty cents ($3.50). Filing and entering remittitur from Superior or Supreme Court, three dollars ($3.00). Filing and entering exceptions (road cases), two dollars and fifty cents ($2.50). Filing and entering petitions (juvenile), three dollars ($3.00). Filing and recording of increase of bonded indebtedness proceed- ings (per page, or part thereof), three dollars and fifty cents ($3.50). Ignoramus, where bill is returned, two dollars ($2.00) . Jurors, defaulting, issuing notices to, one dollar ($1.00). Jurors, fieri facias against, one dollar ($1.00). Liquor license, filing application for, five dollars ($5.00). Liquor license, filing and recording petition for revocation thereof, three dollars ($3.00). License to loan money, filing application for, one hundred dollars ($100.00). 145 Mandamus, and proceedings thereon, four dollars ($4.00). Motion and rule, other than elsewhere provided for, twenty-five cents ($.25). Naturalization, adults, two dollars ($2.00). Naturalization, minors, two dollars ($2.00). Naturalization, soldiers, two dollars ($2.00). Naturalization certificate or duplicate thereof, each, two dollars ($2.00). Petition and order for a view or a review of a road or bridge, under seal, orders to open, filing report, recording, et cetera, ten dollars ($10.00). Petition, filing of, and entering proceedings in inebriate cases, three dollars ($3.00). Petition, filing, and proceeding for the removal of feeble-minded, insane, or criminal insane persons from any penal institution, three dollars ($3.00). Petition for writ of habeas corpus, three dollars ($3.00) . Release from any institution by order of court, fifty cents ($.50) . Recording election returns, each election district, two dollars and fifty cents ($2.50). ' Recognizance, calling and entering forfeitures, fifty cents ($.50). Recognizance, forfeited, respited, or discharged, and motion there- for, fifty cents ($.50). Recognizance, taking each, one dollar ($1.00). Return to writ of error, one dollar ($1.00). Services'of clerk, where true bill is found in case of felony, five dol- lars ($5.00). Search from judgment to docket, single name, forty cents ($.40). Search for judgment to docket, extra jingle name, ten cents ($.10). Search from judgment to docket, two names extra, and so on, twenty-five cents ($.25). ^ Subpoenas and seal, twenty-five cents ($.25). Seal, in every case, twenty-five cents ($.25). Summons on recognizance, seventy-five cents ($.75). Swearing grand jury, four dollars ($4.00). Swearing petit jury, in each case, four dollars ($4.00). Taxing a bill of costs, other than the clerk's of the sessions, fifty cents ($.50). Venire for grand jury, one dollar and fifty cents ($1.50). Venire for petit jury, one dollar and fifty cents ($1.50). Venire for special jury, one dollar and fifty cents ($1.50). Venditioni exponas, issuing writ, seventy-five cents ($.75). The fee for services not herein specially provided for shall be the same as for similar services. Sec. 1, Act of June 11, 1915, P. L. 938. 10 146 231. CHARGING AND COLLECTION. All fees for services performed for the county shall be charged against the county ; and in all cases where services are rendered for an individual the proper fees shall be received and collected from the pers'on for whom the service is rendered. Sec. 3, Act of June 11, 1915, P. L. 938. 3. In Counties Below 500,000 Population. 232. FEE BILL OF CLERK OF QUARTER SESSIONS. The fees of the several clerks of the courts of quarter sessions of the several counties of this commonwealth, shall be as follows, to wit : Venire, for and swearing grand jury, to be paid by the county, ninety cents. Filing and entering, if necessary, all paper relating to one prosecu- tion where true bills are found, including arraignment of defendant, entering pleas and stationery, one dollar and fifty cents. The same services where bill is returned ignoramus, including discharge by proclamation, seventy-five cents. Calling recognizance, and entry of forfeiture, twenty cents. ^ Taking recognizance in court, each person, twenty-five cents. Respiting or discharging forfeited recognizance and motion there- for, fifteen cents. Every motion and rule, twenty-five cents. Continuance, ten cents. Entering retraction of pleas, or nolle prosequi, twenty cents. Entering submission and judgment, sixty cents. Swearing jury, witnesses, constable, and entering verdict and judgment, sixty cents. All services in cases of surety of the peace, except subpoenas, or attachments, or for taking recognizances, sixty cents. Process on indictment, docket entry and return, seventy-five cents. Copy of rule or order of court, with certificate and seal, forty cents. Filing petition and order thereon, twenty cents. Filing petition for a view or review of a road or bridge, and order under seal, ninety cents. Recording return of viewers and confirmation, for every eight words, one cent. ' Order to open road under seal, one dollar and twenty-five cents. Certificate for pay of road or bridge viewers, to be paid by the county, each case, thirty cents. Constable's bond, twenty-five cents. Receiving and entering constable's return, to be paid by county, fifteen cents. 147 Filing and recording returns of borough and township elections, each person elected, to be paid by the county, ten cents. Issuing subpoena under seal, thirty cents. Each name after the first, two cents. Issuing attachment, entering motion therefor and return, forty cents. Copy of record, or of any paper filed, for every eight words, one cent. Certificate and seal, thirty cents. Every search, where no other service is performed to which any fee is attached, fifteen cents. Taxing costs, other than the clerk of the sessions, twenty-five cents. Re-taxing parties' bill of costs and making report, fifty cents. Making return to writ of error, one dollar. Entering proceedings of supreme court, forty cents. Entering appeals from justices, forty cents. Certificate for pay of jurors, crier and constables, paid by the county, seventy-five cents. Issuing notice to defaulting jurors, each, twenty-five cents. Issuing fi. fa. against defaulting jurors, fifty cents. Filing any paper, not relating to any suit pending, and not here- inbefore provided for, fifteen cents. All proceedings in tavern or eating house licenses, except cer- tificate, one dollar. All proceedings on pedler's license, one dollar. Every warrant of seizure, and proceedings thereon, one dollar. The fees for services not herein specially provided, shall be the same as for similar services. Sec. 4, Act of April 2, 1868, P. L. 3. By a proviso in Sec. 11 of this Act the counties of Allegheny, Lan- \ caster, Montgomery, Philadelphia, Beaver and Washington were re- moved from the operation of the Act. This proviso weis repealed as to Lancaster by the Act of May S, 1899, P. L. 246, No. 140, and as to Montgomery by the Act of April 10, 1873, P. L. 641, No. 695. The fees of the clerks of quarter sessions and oyer and terminer in countifes; over 500,000 population are fixed by Sec. 1, Act of May 1, 1879, P. L. 40, No. 38; Sec. 228 above; and in counties between 1,500,000 and 800,000 population by the Act of June 11, 1915, P. L. 938, Sec. 230 above. 233. FEES OF CLERK OF OYER AND TERMINER. All services performed in any one prosecution where a bill is fotind, ex- cept for subpoenas, attachments for witnesses, or process on indict- ment, four dollars. / When bill is returned ignoramous, one dollar and twenty-fiye cents. 148 For subpoenas, attachments, seal and certificate, and capias, and ether servicies not herein provided for, same fees as are allowed to clerk of quarter sessions. Sec. S, Act of April 2, 1868, P. L. 3. See note to preceding section. (j) Fees o£ Clerk of Orphans' Court. 234. FEE BILL. For filing and entering petition for appoint- ment of guardian, and issuing appointment, one dollar. Filing and entering list of property selected and retained by widow under act of Ass.embly, fifty cents. Entering judgment, order, or rule of court,.twenty-five cents. Confirmation of accounts, executors, administrators or guardians, one dollar and twenty-five cents. Filing petition for pension, order, copy and seal, forty-five cents. All proceedings on inquisition on real estate, including petition, order, return, confirmation, rule and recording, two dollars and seventy-five cents. Taking and docketing recognizances, forty cents. All proceedings for sale of real estate, three dollars and fifty cents. Filing and entering bond, thirty cents. Entering motion and rule of court thereon, twenty-five cents. Issuing subpoena, and seal, thirty cents. Each name after the first on such subpoena, two cents. Issuing citation with seal, and recording or filing petition therefor, fifty cents. Issuing attachments with seal, and recording or entering petition therefor, fifty cents. Copy of record, or any paper filed, or any part thereof, for every eight words, one cent. Every search where no other service is performed, fifteen cents. Filing any paper not specially provided for, fifteen cents. Recording a draft, twenty-five cents. Making out order under seal, to auditors appointed to apportion intestate's property among creditors, and to auditors appointed to settle and adjust accounts of administrators, executors or guardians, seventy-five cents. Filing auditors' report, and entering approval of court thereon, twenty cents. Copy of said report for either party, each item, one cent. Accounts of administrators, executors or guardians, and auditors' reports, for every eight words, or every sixteen figures, one cent. Certificate and seal, thirty cents. 149 Receiving and distributing money paid into court for every dollar under five hundred, two cents. For each dollar exceeding five hundred, one cent. Same fee for services not herein specially provided for, as for similar services. Sec. 1, Act of April 28, 1899, P. L. 113, amending Sec. 6, Act of April 2, 1868, P. L. 3. This Act does not apply to the counties of Allegheny, Lancaster, Montgomery, Philadelphia, Beaver and Washington. Proviso of Sec. 11, Act of April 2, 1868, P. L. 3. This was, however, repealed as to Lancaster by Act of May 5, 1899, P. L. 246, and as to Montgomery by the Act of April 10, 1873, P. L. 641. 235. IN COUNTIES WHERE SEPARATE ORPHANS' COURT EXISTS. The separate orphans' courts of this Common- wealth may establish a bill of costs to be chargeable to parties, and the estates before them for settlement, for the services of the clerks or said courts, respectively, in the transaction of business of said courts. In counties wherein no separate orphans' courts have been or shall be established the law as to fees to be charged by clerks of the orphans' courts shall remain as heretofore. Clause (c) of Sec. 8, Act of June 7, 1917, P. L. 363. (k) Fees of Register of Wills. 236. FEE BILL. For probate of will and granting letters testa- mentary thereon, one dollar and twenty-five cents. For recording same, for every eight words, one cent. For letters of administration, one dollar. For bond of administrators, one dollar and seventy-five cents. For filing of renunciation of widow, executor, guardian or ad- ministrator, fifty cents. For annexing a copy of will, for every eight words, one cent. For issuing citation or attachment with seal, sixty cents. For entering caveat, twenty-five cents. For issuing commission to take testimony of witnesses, seventy- five cents. For issuing precept for an issue, fifty cents. For issuing subpoena, forty cents. For administering oath or affirmation, ten cents. / For filing lists of articles, appraised, and lists of articles sold, each, twenty-five cents. For examining, passing and filing accounts of guardians, execu- tors or administrators, three dollars. For advertising executor's, administrator's or guardian's account, two dollars and fifty cents. 150 For every copy of said accounts, if demanded, not exceeding seventy-five items, one dollar and twenty-five cents. For every additional item, one cent. For entering exceptions to administrator's or executor's bonds, and hearing the same, seventy-five cents. For holding register's court, per day, two dollars and fifty cents. For every search, when no other service is performed, fifteen cents. For certificate and seal, forty-five cents. For copy of any bond filed, fifty cents. For commission on taxes received for the use of the common- wealth in proceedings in office, on every dollar, three cents. Provided, That in all cases where the value of the estate of the decedent shall not exceed two hundred and fifty dollars, the register shall receive, in lieu of all the fees for official services hereinbefore specified, to be performed after the granting letters, the sum of two dollars and fifty cents. Register to demand and to receive, for the use of the common- wealth, on every probate of a will, and letters testamentary thereon, fifty cents. On every letter of administration granted, fifty cents. Same fee for services not herein specially provided for, the same as for similar services. Sec. 7, Act of April 2, 1868, P. L. 3. By a proviso in Sec. 11 of this act the counties of Allegheny, Lan- caster, Montgomery, Philadelphia, Beaver and Washington, were ex- cepted from the operation of this act. This proviso was repealed as to Lancaster by the Act of May 5, 1899, P. L. 246, No. 140, and as to Montgomery by the Act of April 10, 1873, P. L. 641, No. 695. 237. IN COUNTIES OVER 1,500,000 POPULATION ALL FEES AND COMMISSIONS TO BE PAID INTO COUNTY TREASURY. The register of wills in said counties shall pay into the county treasury all fees or commissions of any kind earned by them, for services performed either for the county or for the State, or otherwise. Sec. 2, Act of July 21, 1913, P. L. 878. (1) Fees of Recorder of Deeds. 238. IN COUNTIES OVER 1,500,000 AND BETWEEN 800,000 AND 700,000 POPULATION. From and after the passage of this act the fees of the recorder of deeds for counties in this Common- wealth containing more than five hundred thousand (500,000) in- habitants, shall be as follows, to wit : For recording of all instruments of writing for each and every five hundred (500) words or fractional part thereof, seventy-five cents. 151 For exemplification of records, for each and every five hundred (500) words or fractional part thereof, one dollar. For certificate and seal, fifty cents. For recording or exemplifying of commissions for notary public with bond and oath, five dollars; city and county officers, five dol- lars ; magistrates, five dollars ; special railroad police officers, two dol- lars and fifty cents. For Noting an Instrument on Margin of Record. Noting assignments of mortgages, ten cents. Noting extension of mortgages, ten cents. Noting release of mortgages, ten cents. Noting revocation of power of attorney, ten cents. Noting any other instrument required by law, ten cents. Noting satisfaction of mortgages on certificate of search, ten cents. Satisfaction. Entering satisfaction on mortgages of every description, with certificate, fifty cents. Searches. Mortgage, for first ten (10) years previous to date of certificate, each name, fifty cents. Each additional ten (10) years or fractional part thereof, each name, twenty-five cents. Each reference examined, five cents. Conveyance and Assignment of Mortgage. For each and every ten (10) years or fractional part thereof, each name, fifty cents. Each reference examined, five cents. Certificate and seal, fifty cents. Sec. 1, Act of April 19, 1899, P. L. 61, amending Sec. 1, Act of March 6, 1879, P. L. 4, No. 3. This section is supplied as to counties between 1,500,000 and 800,000 population by the Act of June 12, 1919, P. L. 476; and as to counties below 700,000 by Sec. 1, Act of July 18, 1917, P. L. 1086. Sees. 239 and 241 below. 239. IN COUNTIES BETWEEN 1,500,000 AND 800,000 POPU- LATION. The fees to be charged and collected by the recorder of deeds, in counties having a population of over eight hundred thou- sand and less than one million five hundred thousand as computed by the last preceding United .States census, shall be as follows :^- For recording deeds, the minimum fee for not more than one de- scription or more than four legal cap typewritten pages shall be 152 three dollars ($3.00) ; and for each additional description, twenty- five cents (25c.) extra. For recording sheriff's deeds, three dollars ($3.00). For indexing deeds, mortgages, and all other writings, with more than four names, ten cents (10c.) extra for each additional name. For recording agreements, leases, oil and gas leases, rights of way, municipal ordinance vacating streets, lanes, or alleys, or parts thereof, of not more than four legal cap typewritten pages, the minimum fee shall be three dollars ($3.00) ; and fifty cents (50c.) for each additional legal cap typewritten page or fractional part thereof. For recording assignments of agreements, leases, oil and gas leases, rights of way, or other instrument of writing, by separate paper, except such as are herein specially provided, of not more than two legal cap typewritten pages, the minimum fee shall be two dollars ($2.00) ; and fifty cents (50c.) for each additional page or frac- tional part thereof. For recording adjudication in bankruptcy, two dollars ($2.00). For recording widow's election, one dollar and seventy-five cents ($1.75). For recording widow's appraisement, two dollars and seventy-five cents ($2.75). For recording release of legacies, one dollar and seventy-five cents ($1.75). For recording soldier's discharge, one dollar ($1.00). Fee to be paid by the county. For recording decree of feme sole trader, two dollars ($2.00) . For recording declaration of trust of not more than one description of property or more than four legal cap typewritten pages, the minimum fee shall be three dollars ($3.00) ; and fifty cents (SOc.) for each additional page or fractional part thereof. For recording decree or order of court of not more than two legal cap typewritten pages, two dollars ($2.00) ; and fifty cents (50c.) for each additional page or fractional part thereof. For recording mortgages of not more than one description or more than four legal cap typewritten pages, the minimum fee shall be three dollars ($3.00) ; and each additional description, twenty-five cents (25c.) extra. For recording assignment of mortgage when attached to mort- gage at time of recording, one dollar ($1.00). For recording assignment of mortgage by separate paper of not more than one assignment, one dollar and seventy-five cents ($1.75) ; for noting each additional assignment, twenty cents (20c.). For recording satisfaction, partial payment, postponement, on re- lease, by separate paper, one dollar and seventy-five cents ($1.75), 153 For entering satisfactions, assignments, partial payments, re- leases, extensions, and postponements, on margin of mortgage record, fifty cents (50c.). For entering partial payment, release, extension, and assignment, under one marginal entry, fifty cents (50c.) for first item ; and twenty- five cents (25c.) for each additional item. For mortgage searches on not more than one piece of property, each name, one dollar ($1.00) ; and for each unsatisfied mortgage shown, fifty cents (50c.). For reporting mortgage, lien, assignment or satisfaction thereof, to the county commissioners or board of assessors, ten cents (10c.) each, to be paid by the county. For recording or exemplifying of commission for notary public, with bond and oath, five dollars ($5.00) ; city or county officer, with bond and oath, five dollars ($5.00) ; justice of the peace or alderman, with bond and oath, five dollars and fifty cents ($5.50) ; special police officer, three dollars ($3.00). For exemplification of special police officer's oath, one dollar ($1.00). For furnishing Auditor General with information concerning li- mited partnerships, twenty-five cents (25c.). For affidavit and acknowledgment of bondsmen for notary public, justice of the peace, or alderman, one person, fifty cents (50c.) ; two persons, seventy-five cents (75c.). For recording powers of attorney of not more than two names or more than two legal cap typewritten pages, the minimum fee shall be two dollars ($2.00) ; and fifty cents (50c.) for each additional page or fractional part thereof. For noting any instrument on margin of record, twenty cents (20c.). For recording charters or limited partnerships of not more than four legal cap typewritten pages, the minimum fee shall be three dollars ($3.00) ; and fifty cents (50c.) for each additional page or frac- tional part thereof. For recording bank bonds, two dollars ($2.00). Sec. 1, Act of June 12, 1919, P. L. 476. 240. FEES TO INCLUDE STATE TAX. TO BE PAID IN ADVANCE. All fees shall include any State tax now provided for by law, and shall be payable in advance. Sec. 2, Act of June 12, 1919, P. L. 476. 154 241. IN COUNTIES BETWEEN 700,000 AND 190,000 POPU- LATION. The fees of the recorder of deeds, in counties containing a population of not less than one hundred ninety thousand nor more than seven hundred thousand, shall be as follows: For recording and exemplifying deeds, mortgages, and other writ- ings, for every seven words, one cent. The minimum rate for re- cording same shall be two dollars. For indexing deeds, mortgages, and other writing with more than four names, ten cents extra for each additional name. For abstracting first description or parcel of land, fifteen cents; for each additional description or parcel, ten cents extra. For entering satisfaction, thirty cents. For taking acknowledgments, for each person, twenty-five cents. For certifying mortgages, assignments, satisfaction of record, or any other writings, to the county commissioners or board of as- sessors, twenty-five cents. Sec. 1, Act of July 18, 1917, P. L. 1086. 242. FEES INCLUDE STATE TAX. TO BE PAID IN AD- VANCE. All fees shall include any State tax now provided for by law, and shall be payable in advance. Sec. 2, Act of July 18, 1917, P. L. 1086. 243. IN COUNTIES BELOW 190,000 POPULATION. For re- cording and exemplifying deeds and other writings, for every eight words, one cent. Certificate and seal, fifty cents. Every search, when no other is performed for which fees are al- lowed, twenty cents. Entering satisfaction, thirty cents; certificates, thirty cents. Taking acknowledgment of a deed or other writing, each person, twenty-five cents. All fees for services to be performed under this act shall be con- sidered due and payable to the officer in advance by the party re- quiring the service. Part of Sec. 8, Act of April 2, 1868, P. L. 3. By a proviso in Sec. U of this Act, the counties of Allegheny, Lan- caster, Montgomery, Philadelphia, Beaver and Washington were re- moved from the operation of this Act. This proviso was repealed as to Lancaster by the Act of May S, 1899, P. L. 246, No. 140, and as to Montgomery by the Act of April 10, 1873, P. L. 641, No. 695. The section is supplied as to counties over 190,000. See preceding sections. 155 244. FEES FOR RECORDING CERTIFICATES OF BANK- RUPTCY. As compensation for recording such certificate or cer- tificates (of bankruptcy proceedings), the recorders of deeds shall charge and receive the same fees as they now charge for recording deeds. Sec. 3, Act of May 2, 1907, P. L. 159, No. 124. (m) Fees. General Provisions. 245. IN COUNTIES OVER 150,000 POPULATION FEES TO GO TO COUNTY. OFFICERS NOT TO TAKE OTHER FEES. In all counties in this commonwealth, containing over 150,000 in- ' habitants, all fees limited and appointed by law to be received by each and every county officer therein, elected by the qualified voters of their respective counties, or appointed according to law, or which they shall legally be authorized, required or entitled to charge or re- ceive, shall belong to the county in and for which they are severally elected or appointed. And it shall be the duty of each of said officers to exact, collect and receive all such fees to and for the use of their respective counties, except such taxes and fees as are levied for the state, which shall be to and for the use of the state ; and none of said officers shall receive for his own use, or for any use or purpose what- ever, except for the use of the proper county, or for the state, as the case may be, any fees for any official services whatsoever. Sec. 1, Act of March 31, 1876, P. L. 13. 246. OFFICERS TO KEEP ACCOUNT. PAYMENTS TO COUNTY. RECEIPTS. SWORN ACCOUNTS. DUTY OF CON- TROLLER OR AUDITORS. CERTAIN FEES HOW SPECI- FIED. Each of said officers shall keep a special account-book, the forms of which shall be prescribed by the controller, or, where such officer does not exist, then by the county auditors, in which an entry shall be made of all the moneys received for fees, and of all moneys earned and chargeable upon the county, specifying the day and date of the title of the case, if any, for what service, and from whom re- ; ceived. And on the first Monday of each and every month, each of said officers shall pay to the treasurer of the proper county, all fees so received during the preceding month, taking duplicate receipts ; therefor ; one of which he shall deposit with the county controller, or the county auditors, where the office of conti'oller does not exist, together with a transcript in detail of his fee account-book or books for the preceding month ; to which he shall make oath or affirmation before the county controller, or the county auditors, where the office of controller does not exist, that the said transcript contains a true and correct list of all the fees received, earned or chargeable upon' 156 the county, for services rendered in his office, eithei- by himself, de- puties or clerks, during the preceding month; that said fees were severally charged and collected at regular rates, and that he has not received, and is not to receive from any person or persons what- soever, for any official services or duty, any other fees than those so entered on said transcript. And it shall be the duty of the county controller, or the county auditors, where the office of county con- troller does not exist, to file said receipt and transcript in the office, and to charge the county treasurer with the money for fees so paid in. Where fees are paid to one office, which are for services ren- dered or to be rendered by another, the officer receiving the same shall specify the same on his account-book, knd on his transcript, as of the office to which they properly belong. Sec. 2, Act of March 31, 1876, P. L. 13. 247. IN COUNTIES BELOW 150,000 POPULATION. AC- COUNT OF ALL FEES TO BE KEPT AND TO BE PAID TO COUNTY TREASURER. The prothonotaries or clerks of the sev- eral courts of common pleas, quarter sessions of the peace, oyer and terminer, and orphans' courts, the registers of wills, and the re- corders of deeds shall keep or cause to be kept a fair and accurate ac- count of all the fees received for services performed by them, or any person employed by them in their respective offices, and shall also, on the first Monday of January of each year, furnish a copy of said account, upon oath or affirmation, to the auditor appointed by the court to settle the accounts of county officers, and shall also pay to the county treasurer, for the use of the respective counties, after de- ducting all necessary clerk hire and office expenses, fifty per centum on the amount of any excess over and above the sum of two thou- sand dollars, which shall be found by the said auditor appointed by the court to settle the accounts of county officers to have been re- ceived by any officers in any one year: Provided, That if two or more of said offices shall be held by one person, the said auditor shall add together the fees received in the offices so held, and shall charge the same percentage on the aggregate amount of fees re- ceived by such person holding more than one of said offices. A copy of the report of the said Auditor, when completed, shall be presented by him to the court of common pleas of the respective counties, and filed among the records of said court, which said report shall there- after have all (the force and effect of, and be subject to the same pro- cedure as applies to, the report of the county auditors. Sec. 1, Act of May 11, 1901, P. L. 175, amending Paragraph 7, Sec. 8, Act of April 2, 1868, P. L. 3. By a proviso in Sec. 11 of the Act of 1868, the counties of Allegheny, Lancaster, Montgomery, iphiladelphia, Beaver and Washington were 157 removed from the operation of this Act. This proviso was repealed as to Lancaster by the Act of May S, 1899, P. L. 246, No. 140; and as to Montgomery by the Act of April 10, 1873, P. L. 641, No. 695. This section is impliedly repealed by the Act of March 31, 1876, P. L. 13, as to counties over 150,000 population. See Com. v. Mann, 168 Pa. 290. The section is word for word the same as Sec. 1, Act of March 24, 1909, P. L. 77, which amends Sec. 1, Act of May 6, 1874, P. L. 125 (following section), with the exception that the Act of 1909 is expressly limited to counties of less than 150,000 population; and may well be considered as supplied by it. Before the amendment of 1909 it was suggested in the note to Purdon's Digest (page 1661), that the Act of 1874 was supplied by the Act of 1901 except as to the counties of Beaver and Washington. These being the only counties under 150,000 population excepted from the operation of the Act of 1868. The status of these two sections with respect to each other seems to be still open to construction. 248. ACCOUNT OF FEES TO BE KEPT IN COUNTIES OF LESS THAN 150,000 POPULATION. PAYMENT OF COUNTY TREASURER. In counties of less than one hundred and fifty thou- sand inhabitants, the prothonotaries or clerks of the several courts of common pleas, quarter sessions of the peace, oyer and terminer, and orphans' courts, the register of wills and the recorder of deeds shall keep, or cause to be kept, a fair and accurate account of all fees received for services performed by them or any person employed by them in their respective offices; and shall also on the first Monday of January of each year, furnish a copy of said account, upon oath or affirmation, to the auditor appointed by the court to settle the ac- counts of county officers ; and shall also pay to the county treasurer, for the use of the respective counties, after deducting all necessary clerk hire and office expenses, fifty per centum on the amount of any excess over and above the sum of two thousand dollars, which shall be found by the said auditor, appointed by the court to settle the ac- counts of county officers, to have been received by any officer in any one year : Provided, That if two or more of said offices shall be held by one person, the said auditor shall add together the fees received in the offices so held, and shall charge the same percentage on the ag- gregate amount of fees received by such person holding more than one of said offices. A copy of the report of the said auditor, when completed, shall be presented by him to the court of common pleas of the respective counties, and filed among the records of said court ; which said report shall thereafter have all the force and effect of, and be subject to the same procedure as applies to, the report of the county auditors. Sec. 1, Act of March 24, 1909, P. L. 77, amending Sec. 1, Act of May 6, 1874, P. L. 125. The constitutionality of the Act of 1874 was upheld in the case of Com. V. Anderson, 178 Fa. 171. See also last note to preceding section. 158 249. PENALTY FOR FRAUDULENTLY RECEIVING OR TAKING ANY REWARD OR FEE. If any [justice,] clerk, pro- thonotary, sheriff, coroner, [constable] or other officer of this com- monwealth, shall wilfully and fraudulently receive or take any re- ward or fee to execute and do his duty and office, but such as is or shall be allowed by some act of assembly of this commonwealth, or shall receive or take, by color of his office, any fee or reward what- ever, not, or more than is allowed as aforesaid, he shall be deemed guilty of a misdemeanor in office, and on conviction, be sentenced to pay a fine not exceeding five hundred dollars, or to undergo an im- prisonment not exceeding one year. Sec. 12, Act of March 31, 1860, P. L. 382. 250. ILLEGAL FEES. PENALTY TO PERSON INJURED. COLLECTION. If any officer, while in office, shall charge or de- mand any fee, for any service, other than the fee provided by law, and shall, after ten days' notice in writing, refuse to pay the over- charge to the person entitled thereto, such officer shall forfeit and pay to the party injured fifty dollars ($50.00), to be recovered as debts of like amount are now by law recoverable. Seec. 1, Act of April 17, 1913, P. L. 78, amending Sec. 1, Act of May 26, 1897, P. L. 100, No. 84. 251. TAKING OF ILLEGAL FEES PROHIBITED. PEN- ALTY. If any officer whatsoever shall take greater or other fees than is hereinbefore expressed and limited for any service to be done by him after the first day of September next in his office, or if any officer shall charge or demand and take any of the fees herein before ascertained where the business for which such fees are charge- able shall not have been actually done and performed or if any of- ficer shall charge or demand any fee for any service or services other than those expressly provided for by this act, such officer shall for- feit and pay to the party injured fifty dollars, to be recovered as debts of the same amount are recoverable; [and if the judges of any court within this commonwealth shall allow any officer under any pre- tence whatsoever, any fees under the denomination of compensatory fees for any services not specified in this act or some other act of assenibly, it shall be considered a misdemeanor in office.] Sec. 26, Act of March 28, 1814, P. L. 352. This section is limited in its operation to the officers who still collect their fees under this act, i. e., the treasurer (Sec. 182 above), and the coroner (Sec. 185 above). See also preceding section. 252. OFFICERS TO PUBLISH AND POST TABLE OF FEES. PENALTY. All officers whose fees are by this act, and by the act, entitled "An act establishing a fee bill," passed 159 twenty-eighth March, eighteen hundred and fourteen, ascertained, limited and appointed, shall and are hereby required to ^make fair tables of their respective fees according to the said acts, and to pub- hsh and keep up the same in their respective offices within six months after the passing of this act, in some conspicuous part, for the inspection of all persons who shall have business in said offices and if any such officer shall neglect to publish and keep up a table of the fees of his office as aforesaid, in such case, such officer shall pay to any person aggrieved the sum of ten dollars, together with double the Amount of the excess of fees, if any, which such person may have paid to the said officer, to be recovered with costs of suit by action of debt, in the same manner as other debts are by law recoverable. Sec. 14, Act of February 22, 1821, P. L. SO. This section is repealed so far as it relates to the sheriff of counties between 1,500,000 and 300,000 population by Sec. S, Act of April 9, 1915, P. L. 54. 253. LIMITATION OF ACTION FOR PENALTY. EXCEP- TION AS TO RECORDER AND REGISTER. The provisions of the twenty-sixth, (Sec. 251 above,) and twenty-seventh, (Sec. 255 below,) sections of the act passed the twenty-eighth of March, one thousand eight hundred and fourteen, entitled "An act establishing a fee bill," be, and the same are hereby re-enacted and declared to be in as full force as if herein recited: Provided, That no action shall be sustained by virtue thereof, or by virtue of the fourteenth section of this act, (preceding section,) unless the same shall be brought within six months after the cause of action shall have accrued : And . provided, also. That it shall be lawful for the recorder of deeds and register of wills to receive the fees for recording the same at the time the deed or deeds, will or wills are left at his office for record- ing, any law or usuage to the contrary notwithstanding. Sec. 15, Act of February 22, 1821, P. L. 50. This section is repealed so far as it relates to the sheriff of counties between 1,500,000 and 300,000 population by Sec. 5, Act of April 9, P. L. 54. 254. EXCESSIVE CHARGE FOR PUBLISHING NOTICES IN NEWSPAPERS PROHIBITED. PENALTY. In all cases where any sheriff, prothonotary, or register of wills, or clerk of court is or shall be required by law or an order of court, to publish any notice in the newspapers, and is allowed by law, in said order, to charge the expense of said advertisements, it shall be the duty of said officer to make out a bill showing specifically the amount actu- ally paid for printing said notice, and if said officer shall charge any greater or other amount than that actually paid for publishing such 160 notice, he shall be subject to the penalties prescribed by law for taking illegal fees, to be sued for and recovered in the manner pro- vided by the twenty-sixth section of the act, entitled an act estab- lishing a fee bill, passed the twenty-eighth day of March, one thou- sand eight hundred and fourteen, (Sec. 251 above,) but subject to the limitations contained in the fifteenth section of the supplement to said act, passed the twenty-second day of February, one thousand eight hundred and twenty-one: (Preceding section.) Provided, That this penalty shall not take effect until the first day of August next. Sec. 8, Act of April 13, 1840, P. L. 319. This section was ''extended to cases of sales of real estate by the sheriffs of the respective counties of this commonwealth: Provided, That nothing herein contained shall be construed to deprive the sheriffs aforesaid, of the fee now allowed by law for the advertising by handbills, serving notices and selling of such real estate." Sec. 3, Act of April -9, 1849, P. L. 524. 255. BILL OF PARTICULARS TO BE FURNISHED TO PERSONS REQUESTING SAME. It shall and may be law- ful for any person to refuse payment of fees to any officer who will not make out a bill of particulars as prescribed by this act, signed by him if required, and also a receipt or discharge signed by him of the fees paid. Sec. 27, Act of March 28, 1814, P. L. 352. This section was re-enacted by Sec. 15, Act of February 22, 1821, P. L. 50, Sec. 253 above. It was repealed as to sheriffs of counties between 1,500,000 and 300,000 population by Sec. 5, Act of April 9, 1915, P. L. 54. 161 CHAPTER VII. POWERS, DUTIES, PRIVILEGES AND LIABILI- TIES OF OFFICERS. (a) General Provisions. 1. Offices and Records. 256. WHERE OFFICES SHALL BE KEPT. Prothonotaries, clerks of the courts, recorders of deeds, registers of wills, county- surveyors and sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers. Constitution, Art. XIV, Sec. 4. 257. OFFICES, RECORDS AND PAPERS TO BE KEPT AT THE SEAT OF JUSTICE OF THE COUNTY. PENALTY. DISPOSITION OF PENALTY. It shall be the duties of the sev- eral prothonotaries, clerks of the cburts of quarter sessions and or- phans' court, registers and recorders, and also of the commissioners, auditors, treasurer and sheriff of the several counties, to keep their respective offices, and all public records and papers belonging thereto at the seat of justice of the respective county, and in such building or buildings as may be erected or appropriated for such purpose, under a penalty, in each case, of five hundred dollars, to be recovered by ac- tion of debt, one-half thereof to be paid to the treasurer of the proper county,- to be applied by him to the payment of the erection or re- pairs of such biiildings, and the other half thereof to be for the use of him who shall first sue for the penalty. Sec. 12, Act of April IS, 1834, P. L. 537. See also preceding section. 258. IN COUNTIES OVER 150,000 POPULATION, OFFICE FURNITURE, BOOKS, STATIONERY, FUEL AND JANITOR TO BE FURNISHED AT THE COST OF THE COUNTY. The several counties to which this act shall apply shall each, at the proper cost of the county, furnish the office furniture, books and stationery required for the use of any of the officers included in this act, and also all needed fuel and the services of a janitor. Sec. 11, Act of March 31, 1876, P. L. 13. See also Sec. 342 below, making it the duty of the county commis- sioners to furnish the things mentioned above at the expense of the county. 11 162 259. BOOKS FOR PROTHONOTARIES, CLERKS OF COURTS, REGISTER OF WILLS AND RECORDER OF DEEDS TO BE I?AID FOR BY COUNTY. The books required for records in the offices of the prothonotaries and clerks of the sev- eral courts of this commonwealth, and in the offices of the register of wills and recorder of deeds of the several counties, shall be purchased by the proper officer and paid for out of the county treasury, by orders drawn on the treasurer by the commissioners of the proper county. Resolution No. S, Act of June 17, 1839, P. L. 676. See also preceding section. 260. WORN OUT OR FADED BOOKS OR RECORDS TO BE RETRANSCRIBED ON ORDER OF COURT. TO BE PAID FOR BY COUNTY. It shall be the duty of the proper officer of the proper county, [whenever an order shall be made by said court, di- recting new indices to be made and prepared, as provided by the second section of this act, to cause the same to be prepared and made in a fair and legible manner, by some competent person or persons appointed by said officers with the approval of said court, and also] to cause books or records that are worn out or faded in the several offices to be retranscribed, if the same shall be so ordered by the courts as aforesaid, the costs thereof to be paid out of the county funds by orders drawn on the treasurer of said county by the com- missioners thereof, upon the approval by the court. Sec. 1, Act of June 11, 1879, P. L. 136, No. 139, amending Sec. 4, Act of May 3, 1878, P. L. 43. The provisions of this section relating to new indices are supplied by Sec. 4, Act of May 26, 1891, P. L. 129 (Sec. 270 below). 261. DOCKETS AND RECORDS TO BE TRANSCRIBED IN CERTAIN CASES. PAYMENT. From and after the passage of this act it shall be the duty of the commissioners of the several counties of this Commonwealth, whenever it shall be deemed neces- sary by the court of common pleas, [or district court,] of the proper county, to cause to be copied or transcribed in a fair and legible manner, any dockets or books of record contained in the several public offices, in their respective counties, to be paid for out of the county funds, by orders drawn by the commissioners on the treas- urer of the proper county. Sec. 1, Act of March 29, 1827, P. L. 154. 262. COPIED RECORDS TO BE CERTIFIED. When said copies shall have beeen completed, it shall be the duty of the proper officer of the department, to which such book or books belong, to certify at the end of the same, that it is a true and correct copy of the original, and shall affix the seal of his office thereto. Sec. 2, Act of March 29, 1827, P. L.'l54. 163 263. CERTAIN OFFICERS TO SUBMIT RECORDS TO COURT. REBINDING. INDEXING. On or before the first day of October next, and at least once in each and every year there- , after, it shall be the duty of each of the aforesaid prothonotaries, and of each of the clerks of the several courts of quarter sessions of the peace, and of each of the clerks of the several orphans' courts, and of each of the recorders of deeds and registers of wills, in the several counties of this Commonwealth, to submit the books of records be- longing to their several offices, to the inspection of the judges of the court of common pleas of the proper county, and it shall be the duty of the said court to order and direct such of the said books, as in their opinion may require it, to be bound anew, and also in all cases where the same may be wanting, to order and direct full and com- plete indexes of the matters containe'd in said books, to be m'ade and prepared within such time as the said court may think reasonable. Sec. 4, Act of March 29, 1827, P. L. 154. 264. INDEXES OF PROTHONOTARY AND RECORDER. For each and every of the books of records belonging to the several offices of the prothonotaries aforesaid, there shall be made, prepared and kept, at least two indexes of the matters contained in such books, one of which said indexes, shall, among other things, contain the names of plaintiffs, and the other the names of defendants, so ar- ranged as to afford an easy and ready reference to said matters. And there shall also for each and every of the books belonging to the several offices of the recorders of deeds aforesaid, in which deeds or mortgages may be recorded, be prepared and kept, two indexes, one in which the names of grantors or mortgagors, and one in which the names of grantees or mortgagees, as the case may require, shall be so arranged as to afford an easy and ready reference to the matters in said last mentioned books. Sec. 5, Act of March 29, 1827, P. L. 1S4. 265. BINDING AND INDEXING TO BE PAID FOR BY COUNTY. EXCEPTION. The expense of binding all such books as shall be bound in compliance with the provisions of this act, and of making and preparing all such indexes as aforesaid, shall be paid out of the county treasury of the proper county, by warrants drawn by the county commissioners upon the treasurer of such county: Provided, That no officer mentioned in this act, shall receive from the county funds, any pay or compensation for any index or indexes by him made, of any matters or things which may have been recorded in his office after the passage of this act. Sec. 6, Act of March 29, 1827, P. L. 1S4. 164 266. CERTAIN OFFICERS TO MAKE AND KEEP IN- DEXES. PENALTY. ACTIONS ON OFFICIAL BONDS IN CERTAIN CASES. It shall further be the duty of each and every cf the officers mentioned in the fourth section (Sec. 263 above) of this act, to make, prepare and keep in their several offices all such indexes as are by this act directed to be made, prepared and kept, and if any such officer shall refuse or neglect to make, prepare and keep, any such index as aforesaid, and shall be thereof convicted, the court of quarter sessions of the peace of the proper county, shall for every such offense impose a fine upon such officer, of not less than ten or more than fifty dollars, for the use of such county, the payment of which fine shall be enforced as the payment of other fines imposed by said courts are now enforced; and if any such of- ficer shall at the expiration of his term of office, have neglected to make, prepare and keep such indexes as aforesaid, for the time or any part of the time, he may have been in office, the county com- missioners of the proper county shall direct the official bond or recognizance of such officer to be put in suit, for the use of the county, and such suit or suits shall be proceeded in, as is done in cither cases of suits upon official bonds or recognizances, and there shall be recovered in such case or cases, for the use of the county, the amount of the cost and charges of making and preparing such in- dex or indexes as may as aforesaid be wanting, besides costs of suit ; and any prothonotary who shall neglect to prepare and keep the judgment docket, directed to be prepared and kept by this act, shall be liable to lik^ fines and suits upon his official bond or recognizance, as he would be for refusing or neglecting to make, prepare and keep the indexes whiqh this act makes it his duty to make, prepare and keep. And in such last mentioned case or cases, there shall be re- covered for the use of the proper county, a sum or sums sufficient to pay the cost and charge of making and preparing such judgment docket, for and during the time such prothonotary shall have neg- lected to prepare and keep the same. Sec. 7, Act of March 29, 1827, P. L. 154. 267. COURT OF COMMON PLEAS EMPOWERED TO CHANGE AND ALTER THE MODE OF PREPARING AND KEEPING INDICES IN CERTAIN OFFICES. The court of common pleas of the proper county is hereby authorized and em- powered, whenever it shall appear advisable on inspection of the books of records and indices belonging to the several offices of pro- thonotary and clerks of the several courts, register of wills and recorder of deeds of such counties by its order, to change and alter 165 the mode of preparing and keeping said indices in one or more of s-aid offices and to direct the mode in which said indices shall there- after be prepared and kept. Sec. 1, Act of May 26, 1891, P. L. 129. 268. COURTS OF COMMON PLEAS EMPOWERED TO DI- RECT NEW INDICES TO BE PREPARED AND THE MODE OF PREPARING AND KEEPING. The said court is authorized and empowered, whenever it shall appear advisable, by its order, to direct new indices to be prepared and made of the whole or any part or parts of the indices theretofore prepared and kept in any one or mode of said offices, and also to direct the mode in which said new indices shall be prepared and kept. Sec. 2, Act of May 26, 1891, P. L. 129. ' 269. BOOKS REQUIRED FOR INDICES TO BE PAID FOR BY COUNTY. The books required for said indices provided for by the first and second sections of this act, shall be purchased by the proper officer and paid for out of the county funds by orders drawn on the treasurer of said county by the proper ofccers thereof. Sec. 3, Act of May 26, 1891, P. L. 129. 270. OFFICER TO HAVE NEW INDICES PREPARED ON ORDER OF COURT. COST TO BE PAID BY COUNTY. It shall be the duty of the proper officers of the proper county, when- ever an order shall be made by said court directing new indices to be prepared and made as provided by the second section of this act, to cause the same to be prepared and made in a fair, legible manner by some competent person or persons appointed by said officers, the cost thereof to be paid out of the county funds by orders drawn on the treasurer of said county by the proper officer thereof. Sec. 4, Act of May 26, 1891, P. L. 129. The cost provided for In this section is the contract price of the work, and not necessarily the actual cost of labor and materials. Nicely v. Roher, 250 Pa. 386. 271. POWERS TO BE EXERCISED JOINTLY BY THE COURT OF COMMON PLEAS AND ORPHANS' COURT, WHERE ORPHANS' COURT IS A SEPARATE COURT OF RECORD. In counties where the orphans' court is a separate court of record, the power conferred upon the court of common pleas by the preceding sections shall, in such counties, be exercised jointly by said court of common pleas and orphans' court. Sec. S, Act of May 26, 1891, P. L. 129. 166 272. ORDERS AND DIRECTION OF COURTS SHALL BE ENTERED IN FULL IN THE RECORDS. All orders and di- rections by said court or courts by virtue of this act, shall be entered in full on the records thereof. Sec. 6, Act of May 26, 1891, P. L. 129. 273. NEW INDICES TO BE NOTICE OF RECORDING, ETC. In all cases where the several county officers of this Com- monwealth have heretofore caused, or shall hereafter cause, to be pre- pared, new indices to the several records contained in their offices, in accordance with the provisions of the act of Assembly approved May twenty-sixth, one thousand eight hundred and ninety-one, (six pre- ceding sections), such new indices shall, after the preparation of the same, be notice to all persons of the recording of the several papers, deeds, mortgages, judgments, or other instruments, to which they refer, and of the full contents of such papers. , Sec. 1, Act of April 23, 1903, P. L. 267, No. 200. 274. IN COUNTIES BETWEEN 1,500,000 AND 1,000,000 POPULATION. JUDGES TO ADOPT UNIFORM SYSTEM OF INDEXING FOR CERTAIN OFFICERS. In counties of the Commonwealth having a population of more than one million and less than one million five hundred thousand inhabitants, the judges of the court of common pleas and the judges of the orphans' court shall, at a joint meeting, agree upon and adopt a uniform system of indexing for the offices of the recorder of deeds, prothonotary, and register of wills and clerk of the orphans' court. Sec. 1, Act of May 1, 1919, P. L. 100. 275. WHAT SYSTEM SHALL INCLUDE. OTHER IN- DICES. The system of indexing so agreed upon shall include the indexing of deeds, mortgages, and assignments, in the office of the recorder of deeds; the indexing of suits, judgments, tax liens, and sheriffs' deeds, in the office of the prothonotary; and the indexing of wills, estates,, distributions, and partition proceeedings, in the office of the register of wills and clerk of the orphans' court. The judges shall also establish uniform systems for such other indices in such offices as to them may appear necessary and proper. Sec. 2, Act of May 1, 1919, P. L. 100. 276. WHEN TO BE PREPARED AND INSTALLED. COST. Such indices shall be prepared and installed, under the direction of the judges, within one year after the passage of this act, and shall be installed at the cost of the county. Sec. 3, Act of May 1, 1919, P. L. 100. 167 277. JUDGES OF COURTS TO SEE THAT BOOKS, ETC., OF PROTHONOTARY AND CLERKS OF COURTS ARE KEPT AND LEFT AS THE LAW CONTEMPLATES, AND TO DIRECT NECESSARY WORK TO BE DONE AT EXPENSE OF COUNTY. It shall be the duty of the judges of the several courts of this Commonwealth, as often as the prothonotaries or clerks of their respective courts shall be superseded, and as much oftener as they may deem expedient to ascertain whether the books, files, indexes, and papers of the respective offices are kept and left as the law contemplates, and if neglect and deficiency appear to direct the same to be performed by the proper officer, and where the same arose from the neglect or misconduct of a preceding officer, they shall order the commissioners of said county to pay for the same, by orders drawti on the county treasurer, such reasonable, fair, and equitable compensation as said judges may deem just and proper. Resolution No. 9, Act of June 17, 1839, P. L. 676. 278. COUNTY COMMISSIONERS REQUIRED TO COL- LECT FROM DEFAULTING OFFICER THE SUM PAID OUT. It shall be the duty of the county commissioners aforesaid, when they have paid such compensation, ordered to be paid, as aforesaid, to pro- ceed to collect the same for the use of the county of the defaulting officer. Resolution No. 10, Act of June 17, 1839, P. L. 676. See preceding section. 279. APPOINTED OFFICERS TO SECURE RECORDS, BOOKS, ETC., FROM PREDECESSORS. In all cases where any person has been or hereafter shall be appointed to any office of pub- lic trust or employment, it shall be his duty, and it is hereby en- joined upon him, to call upon the person or persons who held the of- fices immediately before his appointment, or upon the heirs, execu- tors or administrators of such person or persons, and receive from him or them all records, books, drafts, plans, papers, seals or other official documents, which to such office or appointment belonged, or of right appertained. , Sec. 1, Act of April 3, 1804, P. L. 488. 280. PROSECUTION OF PREDECESSORS IN OFFICE FOR REFUSAL TO DELIVER BOOKS, ETC., TO THEIR SUCCES- SORS. If the person or persons in whose hands or possession any .such records, books, drafts, plans, papers, seals or other official docu- ments shall or may remain, shall refuse to deliver up the same, upon the reasonable request of any person legally commissioned to such office or appointment, the said officer shall forthwith apply to a 168 Justice of the peace, who shall issue process for such person or per- sons refusing, and shall cause them, either by sufficient bail or com- mitment, to appear at the next court of quarter sessions for the proper county, there to be proceeded against by way of indictment for the offence aforesaid. Sec. 2, Act of April 3, 1804, P. L. 488. 281. PENALTY UPON CONVICTION. Every person legally convicted by verdict of a jury, of detaining from any person duly com- missioned to any office or appointment, any records, books, drafts, plans, papers, seals or other documents, to such office or appointment belonging or in anywise appertaining, after reasonable demand made, the court before whom such verdict is given, shall sentence such person to be committed in close custody, in the jail of the proper county, there to remain without bail or mainprise until such paper so found by verdict to be in his, her or their possession, shall be de- livered to the proper officer; and shall moreover pay a fine not ex- ceeding one hundred dollars, one-half to be paid to the officer from whom the documents were detained, and the other half to the use of the Commonwealth. Section 3, Act of April 3, 1804, P. LI 488. 282. EXAMINATION OF, AND SUGGESTIONS REGARD- ING RECORDS, ETC. BY CUSTODIAN OF PUBLIC REC- ORDS. DIVISION OF THE STATE LIBRARY AND MUSEUM. The custodian of the Public Records Division, under the direction of the State Librarian and Director of the Museum, [shall collect, classify, preserve, and make acceptable for reference, all records which may come into the possession of the division, with such ex- ceptions as may be indicated by the State Librarian and Director of the Museum. He shall report to the State Librarian and Director of the Museum biennially on the condition of the State records, with such other recommendations as shall be desirable for the preservation cf all public records throughout Pennsylvania. He] shall examine into the condition of the records, books, pamphlets, documents, manu- scripts, archives, maps, and papers, kept, filed, or recorded in the several offices of the counties, [cities, and boroughs] of the State. He shall recommend such action to be taken by the persons having the care and custody of pubHc records as may be necessary to secure their safety and preservation, and he shall cause all laws relating to public records to be enforced. He shall submit an annual report to the State Librarian and Director of the Museum, in which he shall present a' detailed report upon the number, kind, and condition of the various 169 records in the custody and under the control of the several counties, [cities, and boroughs] of the State. This report shall be included by the State Librarian and Director of the Museum in his annual report. Sec. 24, Act of May 23, 1919, P. L. 242. 283. CERTAIN RECORDS MAY BE TURNED OVER TO PUBLIC RECORDS DIVISION. REPAIR. [The heads of the various departments of the State Government shall deposit all papers relating to their departments which the Public Records Division, be- ginning with the earliest records, which are not needed by the de- partments for business purposes.] The various county [and muni- cipal] officials of this Commonwealth may turn over to said division, v/ith the approval of the said division, such of their records as they shall not wish to retain. Upon receipt of them, the said division may repair such records as shall need, repairing and which in the judgment of the said division are worthy of it. Sec. 25, Act of May 23, 1919, P. L. 242. 284. SHERIFF'S, CORONER'S AND TAX DEEDS EN- TERED IN RECORDS OF COMMON PLEAS MAY BE IN- DEXED WITH RECORDER OF DEEDS. MANNER OF IN- DEXING. All sheriflf's, coroner's, and tax deeds, heretofore entered in the records of the court of common pleas of any county in this Commonwealth, including the minutes or record of the acknowledg- ment of such depds, may be indexed iii the office of the recorder of deeds of the proper county, in the regular grantee and grantor in- dices of deeds, or in a grantee and grantor index arranged in a separate book or books known as the Sherifif's and Tax Deed In- dex Books. In either case, such deeds shall be indexed, in the grantee index, in the name of the grantee or grantees therein ; and in the grantor index, in the name of the defendant or defendants and of the terre-tenant or terre-tenants, if any, or in the name of the per- son or persons who were the owners or reputed owners of the prop- erty conveyed by such deed. Sec. 1, Act of May 8, 1919, P. L. 160. 285. MATERIALS AND EXPENSES OF INDEXING TO BE FURNISHED AND BORNE BY COUNTY. All books and ma- terial, and all clerical labor or assistance, necessary to make and in- stall such indices of deeds heretofore indexed only in the prothono- tary's office of any county in this Commonwealth, whether indexed in the regular grantee and grantor indices or in a separate book or books kept for that purpose, shall be furnished and provided by the county commissioners at the expense of the county, and shall be paid for out of the county treasury. Sec. 2, Act of May 8. 1919. P. L. 16a 170 286. INDEXING TO BE NOTICE. The index of all sheriff's, coroner's and tax deeds, indexed under or in accordance with the provisions of this act, shall be deeemd to be sufficient legal notices to all persons interested of the record and contents of such deeds. Sec. 3, Act of May 8, 1919, P. L. 160. 2. Accountability of Officers. 287. CONSTITUTIONAL PROVISION. The General As- sembly shall provide by law^ for the strict accountability of all county, [township and borough] officers, as well for the fees which may be collected by them as for all public or municipal moneys which may be paid to them. ' Constitution, Art. XIV, Sec. 6. 288. BOOKS, RECORDS, ETC., TO BE KEPT OPEN FOR INSPECTION BY CONTROLLER OR AUDITORS. All books, records, papers and accounts kept by any of the officers named or included in this act, shall be open to the inspection of the county controller or board of county auditors, who shall have power to ex- amine the same at any time he or they may wish to do so, for the purpose of verifying therefrom the monthly abstracts provided for by this act. Sec. 10, Act of March 31, 1876, P. L. 13. 289. OFFICERS TO CREDIT MONEYS TO PARTIES EN- TITLED AND TO POST NOTICE OF SAME QUARTERLY. The sheriff, prothonotary, and all other county officers of this Com- monwealth, to whom any money shall be paid as fees, costs, or for other purposes, shall forthwith credit such amount to the party or parties entitled to receive the same; and shall, at the beginning of each quarter post in his office a notice showing the amount due each person from such source. Sec. 1, Act of June 2S, 1913, P. L. 567, No. 364. 3. Deputies and Clerks. 290. DEPUTY TO ACT UNTIL VACANCY IN OFFICE OF PROTHONOTARY, CLERKS OF COURTS, RECORDER AND REGISTER IS FILLED. BOND OF DEPUTY. Whenever the office of prothonotary, clerk of the court of quarter sessions of the peace, orphans' court, oyer and terminer and general jail delivery, register of wills, or recorder of deeds, shall become vacant by deatii, resignation or otherwise, it shall be lawful for the principal deputy of such officer to discharge the duties imposed by law upon his prin- 171 cipal until the appointment and qualification of his successor : Pro- vided, That the said deputy, before taking upon himself the duties of said office, shall give a bond similar to that of his principal, to be ap- proved by one of the judges of the court of common pleas of the county in which the vacancy may occur. Sec. 1, Act of February 12, 1874, P. L. 43, No. 2. 291. APPOINTMENT OF PRINCIPAL DEPUTY BY PRO- THONOTARY, CLERKS OF COURTS, REGISTER AND RE- CORDER TO ACT IN CASE OF VACANCY. From and after ihe passage of this act, it shall be the duty of each prothonotary, and other officers mentioned in the first section of this act, to appoint one principal deputy to act in the case of the death or resignation of his principal, or when said office shall become vacant from other causes. Sec. 2, Act of February 12, 1874, P. L. 43, No. 2. 292. CERTAIN OFFICERS TO ASSIGN CLERKS OR DEPUTIES TO JUDGES. Whenever necqssary, it shall be the duty of the prothonotary, district attorney and clerks of the several courts to appoint or detail such clerks or deputies as shall enable the several judges to properly dispose of the business before their respective courts. ^ Sec. 2, Act of March 18, 1875, P. L. 25, No. 25. 4. Civil Service. NOTE: This subject is of no i|ractical importance in this work, in- somuch as there is no general legislation providing for civil service examinations and appointments in counties. The following act, how- ever, is in the form of a general law, applicable to counties as well as to cities and boroughs, and will become applicable as soon as a civil service system for counties is adopted. For this reason and for the reason that it is aimed to include all general county legislation (with the exceptions already noted) the act is inserted here. 293. NAMES TO BE PLACED ON ELIGIBLE LIST. The names of all persons who shall attain the average perceirtage re- quired by law or the rules and regulations of the board or commis- sion having in charge the civil service examinations in any county, [city, or borough] shall be placed on the eligible list for appointments under the civil service in such counties, [cities, and boroughs.] Sec. 1, Act of June 12, 1919, P. L. 444. 294. ARRANGEMENT OF NAMES ON LIST. PRIORITY IN APPOINTMENTS. EXCEPTION. The board or commission shall arrange the names of the persons on any eligible list accord- mg to their percentage, and shall certify to the appointing power. 172 upon request, the four names standing highest on said list, and the appointing power shall appoint any one of such four persons in like manner as other appointments are made, except as hereinafter pro- vided in the case of honorably discharged soldiers, sailors and marines. Sec. 2, Act of June 12, 1919, P. L. 444. 295. EXCEPTION IN FAVOR OF HONORABLY DIS- CHARGED SOLDIERS, SAILORS AND MARINES. Prefer- ence may be given, by the appointing power, to all honorably dis- charged soldiers, sailors, and marines, who served in the Army or Navy of the United States during times of war, who have passed the required civil service examinations, notwithstanding the fact that the names of such soldiers, sailors, and marines may not be among the four names standing highest upon the eligible lists as hereinbefore provided. Such appointments of soldiers, sailors, and marines, may be made without regard to any age limitations now provided for by law or the rules and regulations of any board or commission hav- ing in charge civil service regulations in any county, [city, or bor- ough.] Sec. 3, Act of June 12, 1919, P. L. 444. 5. Pensions. 296. "COUNTY EMPLOYE" DEFINED. ELECTIVE OF- FICERS NO,T INCLUDED. A county employe, for the purposes of this act, is any person employed by the county at a wage or salary payable at stated intervals; that is to say, semimonthly, monthly, quarterly, or annually. The term does not include any person elected by the vote of the people. Sec. 1, Act of May 8, 1919, P. L. 138. 297. PENSION SYSTEM AND FUND TO BE ESTAB- LISHED IN COUNTIES BETWEEN 1,500,000 AND 1,000,000 POPULATION. Each county having a population exceeding one million inhabitants but not exceeding one million five hundred thou- sand inhabitants, shall provide a pension system for such county, and shall establish and regulate a pension fund in connection there- with. Sec. 2, Act of May 8, 1919, P. L. 138. 298. PENSION BOARD. The pension system shall be under the sole direction of a Pension Board, hereinafter designated the board, which shall consist of the county commissioners, the treas- urer, and the controller of the county. Sec. 3, Act of May 8, 1919, P. L. 138. 173 299. TREASURER OF BOARD. BOND. COMPENSA- TION. The county treasurer shall be the treasurer of the board, and shall give such bond for the proper performance of his duties as is required by the board. The premium on said bond shall be paid from the pension fund on warrants of the board. The treasurer shall receive for his services the sum of one hundred dollars ($100.00) per annum from the pension fund, payable on warrants of the board. Sec. 4, Act of May 8, 1919, P. L. 138. 300. REGISTER OF EMPLOYES. REGULATIONS OF BOARD. The board shall keep a register of employes, containing the nanies, ages, residence, nature of employment, time of entering the employ of the county, and such other information as the board deems necessary in the performance of its duties. The board may adopt, amend, revise, and abolish, in its discretion, such regulations, not inconsistent with law, as it deems necessary in carrying out the intent of this act. Sec. 5, Act of May 8, 1919, P. L. 138. 301. LIST OF EMPLOYES, ETC., OF EACH DEPARTMENT OF COUNTY GOVERNMENT. CHANGES. The head of each department or office of the county shall, as soon as practicable after the passage of this act, file with the board a list of all employes of such department or office, with the amount of the salary or wage re- ceived by each, the age of the employe, time of entering the county employ, and such other information relative to such employes as is required by the board. From time to time, and whenever requested by the board, all dismissals, appointments, resignations, transfers, changes in salaries or in employment, and other information relative to employes, shall be furnished to the board by the head of each such department or office. Sec. 6, Act of May 8, 1919, P. L. 138. 302. APPROPRIATIONS TO PENSION FUND. MONEYS IN EXISTING PENSION FUNDS. The county commissioners shall annually, in January, appropriate and pay into the pension fund not less than one-half of one per centum and not more than two per centum of all available moneys received by the county as taxes dur- ing the preceding calendar year. All moneys in any pension fund heretofore established shall be transferred to the pension fund created under this act. \ Sec. 7, Act of May 8, 1919, P. L. 138. •174 303. PAYMENTS BY EMPLOYES. NOT ENTITLED TO PENSION UNLESS PAYMENTS ARE MADE. Each county employe shall each month pay into the pension fund one per centum of the amount received by him as salary or wages from the county during the preceding calendar month. Such amounts shall be col- lected by the county treasurer, and by him paid into the pension fund. Such monthly payments by an employe shall cease when such employe is entitled to receive a pension under this act. No em- ploye shall be entitled to a pension who does not make the monthly payment herein required. Sec. 8, Act of May 8, 1919, P. L. 138. 304. INVESTMENT OR DEPOSIT OF FUND. RESTRIC- TIONS AND LIMITATIONS ON DEPOSITS. The board may, in its discretion, invest the moneys of the pension fund, or any part thereof, in obligations of the United States, or of this State, or of any political division of this State, or it may deposit such moneys, or any part thereof, in one or more banks or trust companies of the county selected by the board. The banks or trust companies of- fering to pay the highest rate of interest and that have a paid-in capital and surplus of not less than three hundred thousand dollars shall be selected. A contract with a depositary shall be for a period covering the term of the county treasurer. No moneys shall be paid to a depositary until it shall have executed to the board a bond for the proper safeguarding of the funds so deposited. The bonds shall have such surety as is approved by the court of common pleas. No moneys exceeding in the aggregate the amount of the bond shall be paid to any depositary. Sec. 9, Act of May 8, 1919, P. L. 138. 305. PERSONS ENTITLED TO PENSIONS. Every person, now or hereafter in the employ of the county, who has reached the age of fifty years or upwards, and who shall have been in the em- ploy of the county during a period of not less than twenty years, shall, upon application to the board, be retired from service, and shall thereafter receive during life a pension under the provisions of this act. The time spent in the employ of the county need not necessarily have been continuous. Sec. 10, Act of May 8, 1919, P. L. 138. 306. EXCEPTION IN FAVOR OF PERSONS TOTALLY AND PERMANENTLY DISABLED. Any employe who has been in the county employ for a period of not less than ten years shall be entitled to a pension if he or she becomes totally and permanently disabled, even though such employe has not reached the age of fifty 175 years. Proof of total and permanent disability shall be by the sworn statement of three practicing physicians of the county, designated by the board, to the effect that such employe is totally and permanently disabled from performing the duties of his or, her position or office. Sec. 11, Act of May 8, 1919, P. L. 138. 307. AMOUNT OF PENSIONS. PAYMENT. The pension paid 'under the provisions of this act shall equal annually fifty per centum of the average annual amount received by the employe as salary or wages during the two years immediately preceding the date of retirement of the employe receiving the pension. No pen- sion shall exceed the sum of one hundred dollars per month. Pen- sions shall be paid in monthly instalments, on warrants on the board. Sec. 12, Act of May 8, 1919, P. L. 138. 308. CERTAIN PERSONS ENTITLED TO PENSION AFTER LEAVING COUNTY SERVICE. If any employe, after twenty years in the county employ, is dismissed, or retires volun- tarily, or is in any other manner deprived of his or her employment, before attaining the age of fifty years, such employe, if he continues to contribute to the pension fund monthly a sum equal to the last monthly contribution paid while in the county employ, shall, when he or she reaches the age of fifty years, be entitled to a pension under this act. Sec. 13, Act of May 8, 1919, P. L. 138. 309. REFUND OF CONTRIBUTIONS IN CERTAIN CASES. If any county employe contributing monthly to the pension fund shall, for any cause, cease to be an employe of the county before the expiration of the twenty year period, the total amount of the con- tributions paid into the pension fund by such employe shall, upon demand in writing, be repaid to him or her or to his or her personal representative out of the fund. Sec. 14, Act of May 8, 1919, P. L. 138. 310. REINSTATEMENT. Should any county employe who has withdrawn his contribution paid into the pension fund, desire to be reinstated and again become a beneficiary, he or she may do so by the payment in full of the amount withdrawn and by paying the as- sessments provided for in section eight of this act. Sec. 15, Act of May 8, 1919, P. L. 138. 311. PENSION NOT SUBJECT TO ATTACHMENT OR AS- SIGNMENT. Any pension herein provided for shall not be subject to execution or to attachment, shall be payable only to the beneficiary 176 pfovided by this act, and shall not be subject to assignment or trans- fer. Sec. 16, Act of May 8, 1919, P. L. 138. 6. Information to Officers of Commonwealth. 312. COUNTY OFFICIALS TO FURNISH INFORMATION, ETC., TO HEADS OF THE GOVERNMENTAL DEPART- MENTS OF THE COMMONWEALTH. COMPENSATION. It shall be the duty of the county officials of the various counties of this Commonwealth to furnish, on application therefor, to the head of any department of the government of this Commonwealth, such information and copies of such records or documents contained in the respective offices of such county officials as in the opinion of such head of department may be necessary or pertinent to the work of his respective department ; the official so furnishing information shall receive for his services in copying and forwarding the same such reasonable compensation as the Auditor General may determine, and be paid by the State Treasurer out of monies not otherwise appro- priated upon warrant from the Auditor General. Sec. 1, Act of April 14, 1897, P. L. 22, No. 16. 313. TO CHIEF OF BUREAU OF MUNICIPALITIES OR HIS DEPUTY. It is hereby made the duty of every [city, borough, township, or] county official, to furnish such information as may be requested by the Chief of the Bureau of Municipalities or his duly authorized deputy. Sec. 3, Act of April 4, 1919, P. L. 45. 7. Service in Time of War. 314. APPOINTIVE OFFICER OR EMPLOYE SERVING IN ARMY OR NAVY. SUBSTITUTES. COMPENSATION. Whenever any appointive officer or employe, regularly employed [by the Commonwealth of Pennsylvania in its civil service, or by any de- partment, bureau, commission, or office thereof, or] by any county, [municipality, township, or school district] within the Common- wealth, shall in time of war or contemplated war enlist, enroll, or be drafted in the military or naval service of the United States, or any branch or unit thereof, he shall not be deemed or held to have thereby resigned from or abandoned his said office or employment, nor shall he be removable therefrom during the period of his service, but the duties of his said office or employment shall, if there is no other person authorized by law to perform the powers and duties of such officer or employe during said period, be performed by a substitute, 177 who shall be appointed by the same authority who appointed such officer or employe, if such authority shall deem the employment of such substitute necessary. Such substitute shall receive so much of the salary or wages attached to said office or employment as shall not be paid to the dependent or dependents of said officer or employe, as: hereinafter provided, and such substitute may receive such further compensation, from appropriations made for that purpose or other- wise, as may be required, when added to the amount received under the provisions of this act, to constitute a reasonable compensation for his services, in the opinion of the authority appointing him. Sec. 1, Act of June 7, 1917, P. L. 600. 315. TO FILE STATEMENT OF INTENTION TO RETURN, DEPENDENTS, ETC. PAYMENTS TO DEPENDENTS. Any said officer or employe, so enlisting, enrolling, or drafted, and having a dependent or dependents as aforesaid, may, at the time of his enlistment, enrollment, or draft, or immediately thereafter, file with the head or chief of the [department, bureau, commission, or] office in which he is employed, a statement in writing, executed un- der oath, setting forth the fact and date of his enlistment, enrollment, or draft, his intention to retain his said office or employment, and to resume the duties thereof after the expiration of his service in the military or naval service, or any branch or unit thereof; and the names and addresses of his wife, children, and dependent parent or parents, if any such he have ; and requesting and directing that one- Iralf of the salary or wages of his said office or employment, not ex- ceeding two thousand ($2,000.00) dollars per annum, shall be paid during his service in the military or naval service or any branch or unit thereof as follows : If he have a wife, to his wife, for her use and that of his children ; if he have children and no wife, then to such person as he may designate for the use and benefit of his children. If he have a dependent parent or parents, then he shall direct such sum as he has theretofore been accustomed to contribute to their support to be paid to them, and the amount- payable to his wife or children, if any he have, shall be proportionately decreased. If he have no wife or children, he may direct the entire one-half of his said salary or wages, npt exceeding two thousand ($2,000.00) dollars per annum, to be paid to his dependent parent or parents, if any such he have; all sums so directed to be paid shall be paid to the person designated, in the same proportional instalments, as nearly as may be, as the salary or wages of such person were theretofore paid to him. With such statement he shall also file powers of attorney, au- thorizing the proper dependents to receive their proportion of said salary or wages as aforesaid. Sec. 2, Act of June 7, 1917, P. L. 600. 12 178 316. EVIDENCE OF DEPENDENCY. PAYMENTS LIM- ITED TO LIFETIME OF OFFICER OR EMPLOYE. DIS- POSITION OF BALANCE OF FUND. The statement required to be filed by section two of this act shall be prima facie evidence of the dependency of any person named as a dependent in said state- ment ; but the head of any [department, bureau, commission, or] of- fice may, in case of doubt, satisfy himself as to the fact of such de- pendency, and if the person so nominated as a dependent was not, in fact, dependent upon the officer or employe enlisting-, enrolling, or drafted in the military or naval service or any branch or unit thereof, at the time of his enlistment, enrollment, or draft, shall refuse to make any payment to such person on account of the salary or wages of such officer or employe. Such head of a [department, bureau, commission, or] office shall also satisfy himself, before making pay- ments to dependents under the provisions of this act, that the officer or employe was alive during the period for which any payment is made. No payment shall be made under the provisions of this act to any officer or employe enlisting, enrolling, or drafted, as aforesaid, and so much of the salary or wages of such officer or employe as is not paid, uijder the provisions of this act, to his dependents and his substitute, shall be recovered back into the fund from which said salary or wages is paid. Sec. 3, Act of June 7, 1917, P. L. 600. 8. State Associations. 317. ORGANIZATION OF A STATE ASSOCIATION OF COMMISSIONERS, SOLICITORS AND CHIEF CLERKS. ANNUAL MEETINGS. PURPOSE. The county commissioner- ei-s, together with the county solicitor and chief clerk of the county commissioners of each county, are hereby authorized to organize themselves into a State Association, with the authority to hold annual meetings at such time and place within the Commonwealth as they may designate, for the purpose of discussing the various questions arising in the discharge of their duties, and for the purpose of pro- viding for a uniform and economical method of administering the af- fairs of the respective counties. Sec. 1, Act of May 10, 1913, P. L. 199. 318. ACTUAL EXPENSES OF OFFICERS ATTENDING MEETINGS TO BE PAID BY COUNTY. TIME LIMIT. NECESSARY EXPENSES LIMITED. The actual expenses of the county commissioners, county solicitor, and chief clerk, attending such meetings of said State Association, including traveling expenses 179 and hotel bills actually paid by them, expenses of committees, to- gether with the necessary expenses of the convention, including printing and the employment of stenographers, shall be paid by the various counties by orders drawn on the county treasurer. The time spent in attending said meetings shall not be more than four days, exclusive of the time employed in traveling thereto and therefrom. The expenses herein mentioned as the necessary expenses of the convention shall not be more than twenty-five dollars to any county, per annum. Sec. 1, Act of May 17, 1917, P. L. 202, No. 115, amending Sec. 2, Act of May 10, 1913, P. L. 199. 319. FORMATION OF STATE ASSOCIATION OF COUNTY CONTROLLERS AUTHORIZED. MEETINGS. PURPOSE. County controllers may form a State associaton of county control- lers, and may hold meetings thereof for the purpose of discussing the various questions which arise in the discharge of their duties, and for such other purposes as will conduce to greater efficiency in their respective offices. Sec. 1, Act pf May 8, 1919, P. L. 129. 320. MEETINGS. This association may meet at the same time and place as the State association of county commissioners, (see sectons 317 and 318 above) and may meet in joint session with them if mutually agreed upon. It shall, however, have a separate session on at least two days of the annual meeting. Sec. 2, Act of May 8, 1919, P. L. 129. 321. EXPENSES OF MEMBERS ATTENDING. LENGTH OF MEETINGS. EXPENSES OF MEETINGS. Each control- ler or deputy controller and the solicitor to the controller shall be allowed his expenses actually and necessarily incurred in going to, attending and returning from the annual ttieeting of the association. The time spent in attending the meeting, exclusive of the time em- ployed in traveling, shall not exceed four days. These expenses shall be paid by the respective county. The expenses of the annual meet- ing of the association, including" printing, committee expenses, and stenographers, shall be paid by the counties having controllers, but shall not exceed twerity-five dollars per annum for each county, in addition to the traveling expenses hereinbefore provided for. Sec. 3, Act of May 8, 1919, P. L. 129. 180 9. City and County Officers. 322. IN CITIES OVER 300,000 POPULATION COEXTEN- SIVE WITH COUNTY, CERTAIN CITY OFFICERS RE- GARDED AS COUNTY OFFICERS. In all cases where a city containing over 300,000 inhabitants is coextensive in boundaries vi^ith the county, all of the officers knovim therein as city treasurer, city controller, city commissioners, shall severally Tdc regarded as county officers, and as such shall severally be subject to all the provisions of this act, and shall have all the powers and perform all the duties herein enjoined, and be subject to the same penalties as if they had each been elected or appointed as county officers, snd had been designated as such. Sec. 17, Act of March 31, 1876, P. L. 13. 10. Penal Provisions. 323. PROCEEDINGS FOR RECOVERY OF PENALTIES. In every case in which any pecuniary penalty or forfeiture is im- posed by this act, the proceeding for the recovery of the same shall be by indictment in the court of Quarter Sessions of the proper county, or to be recovered as debts of equivalent amount are by law recoverable, unless herein otherwise specially provided: Provided always. That aldermen or justices of the peace shall not have juris- diction of any suit or action, for the recovery of any penalty imposed by this act for official misconduct, and that such suit or action, when brought in the court of Common Pleas of the proper county, shall have a preference for trial over all other actions. Sec. 115, Act of April 15, 1834, P. L. 537. 324. EMBEZZLEMENT. PENALTY OF OFFICER AND ACCESSORIES. If any [state], county„ [township or municipal] officer of this commonwealth, charged with the collection, safe keep- ing, transfer, or disbursement of public money, shall convert to his own use, in any way whatsoever, or shall use by way of investment in any kind of property or merchandize, any portion of the public money entrusted to him for collection, safe keeping, transfer or dis- bursement, or shall prove a defaulter, or fail to pay over the same when thereunto legally required by the [state], county [or township] treasurer, or other proper officer or person authorized to demand and receive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be thus taken, converted, invested, used or unaccounted for, which is hereby de- clared a misdemeanor; and every such officer, and every person or persons whomsoever aiding or abetting, or being in any way access- 181 cry to said act, and being thereof convicted, shall be sentenced to an imprisonment, by separate or solitary confinement at labor, not exceeding five years, and to pay a fine equal to the amount of the money embezzled. Sec. 65, Act of March 31, 1860, P. L. 382. 325. OFFICER LOANING MONEY ENTRUSTED TO HIM. PENALTY. VACANCY. If any officer [of this commonwealth, or] of any [city, borough] county [or township thereof] shall loan out, with or without interest or return therefor, any money or val- uable security received by him, or which may be in his possession, or under his control by virtue of his office, he shall be guilty of a misdemeaenor in office, and on conviction be sentenced to pay a fine, not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years ; and if still in office, be adjudged thereafter incapable of exercising the same, and the said office shall be forthwith declared vacant by the court passing the sentence. Sec. 62, Act of March 31, 1860, P. L. 382. 326. OFFICER MAKING ILLEGAL CONTRACTS FOR DE- POSIT OF MONEY ENTRUSTED TO HIM. PENALTY. VA- CANCY. If any such officer shall enter into any contract or agree- ment with any bank, corporation or individual, or association of in- dividuals, by which said officer is to derive any benefit, gain or ad- vantage from the deposit with such bank, corporation or individual, or association, of any money or valuable security held by him, or which may be in his possession, or under his control by virtue of his said office, he shall be guilty of a misdemeanor, and on convic- tion, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, not exceeding one year ; and if still in office, be adjudged thereafter incapable of exercising the same, and the said office shall be forthwith declared vacant by the court passing sentence. Sec. 63, Act of March 31, 1860, P. L. 382. 326a. OFFICERS NOT TO BE INTERESTED IN CERTAIN CONTRACTS, NOR RECEIVE REWARDS, ETC. FROM PERSONS INTERESTED. FORFEITURE OF OFFICE. PENALTY. It shall not be lawful for any councilman, burgess, trustee, manager or director of any corporation, municipality or pub- lic institution, to be at the same time a treasurer, secretary or other officer, subordinate to the president and directors, who shall receive a salary therefrom, or be the surety of such officer, nor shall any mem- ber of any corporation or public institution, or any officer or agent 182 thereof, be in anjrwise interested in any contract for the sale or fur- nishing of any supplies, or materials to be furnished to, or for the use of any corporation, municipality or public institution of which he shall be a member or officer, or for which he shall be an agent, nor directly nor indirectly interested therein, nor receii^e any reward or gratuity from any person interested in such contract or sale ; and any person violating these provisions, or either of them, shall forfeit his membership in such corporation, municipality or institution, and his office or appointment thereunder, and shall be held guilty of a mis- demeanor, and on conviction thereof be sentenced to pay a fine not exceeding five hundred dollars : Provided, That nothing in this sec- tion contained, shall prevent a vice president of any bank from being a director of such bank, or of receiving a salary as vice president. Sec. 66, Act of March 31, 1860, P. L. 382. 327. OFFICERS TAKING REWARDS FOR APPOINT- MENTS OR CONTRACTS, NEGLECTING TO ACCOUNT FOR OR MAKE ENTRIES OF FEES, ETC., OR NEGLECTING TO PERFORM DUTIES. ADDITIONAL PENALTY. VACANCY. If any of the officers included in this act shall receive, or stipulate to receive, from any deputies or clerks appointed by, or from any per- son or persons awarded any contract for advertising, or any other contract, any sum or sums of money as percentage on the salaries of said deputies or clerks, or on the amounts or profits of said contracts, or any sum or sums of money whatsoever, as compensation for mak- ing any of the said appointments or contracts, or shall neglect to render the accounts or to pay over the money received for fees as re- quired by this act, or shall wilfully neglect to make any proper entry in the book or books required to be kept, or shall wilfully neglect to charge for any official services the fees allowed by law, or shall take to his own use any such fees, or fail to comply with any of the pro- visions of this act, or neglect to discharge any of the duties herein imposed, the same shall be deemed a misdemeanor in office; and in addition to the other penalties for such offences, he shall, upon con- viction thereof, refund the said sum or sums of money thus unlaw- fully received, and shall be deemed incapable of holding longer the said office. Sec. 3, Act of March 31, 1876, P. L. 13. 328. PERJURY, SUBORNATION OF PERJURY. PEN- ALTIES. Any officer included in this act, or other persons, who shall wilfully swear falsely in verifying any account, transcript or bill, required in this act, or in making any affidavit in reference thereto, shall be deemed guilty of perjury, and upon conviction thereof, shall be liable to the punishment prescribed by the laws of 183 this state for perjury; and any person who shall procure any other person to swear falsely in verifying any such account, transcript or bill, or in making an affidavit in reference thereto, shall be deemed guilty of subornation of perjury, and upon conviction thereof shall be liable to the punishment prescribed by law for that offense. Sec. 4, Act of March 31, 1876, P. L. 13. (b) County Commissioners. 329. ORGANIZATION. The members of the legislative depart- ments of the municipal governments of this Commonwealth, hereafter elected, shall assemble in their respective places of meeting, for the purpose of organization, at ten o'clock in the forenoon of the first day of the term, following the municipal election, on which the terms of any members of such legislative departments shall begin ; [and that the mayors of all cities of this Commonwealth shall be inaugurated and take the official oath at twelve o'clock noon of the first day of the term for which they shall have been elected.] Sec. 1, Act of June 9, 1911, P. L. 857, No. 331. * It may be that this section was not intended to apply other than to city and borough councils. In its nature, however, it is general; and as it was enacted in pursuance of the constitutional amendment of 1909, which established a four-year term for county officers as well as the offi- cers of other local governments (see Sees. 27 and 33 above), it may well be taken as being intended to apply to the organization of county commissioners. There is no other provision in the law fixing the exact time for the county commissioners to take office. In the strictest sense the county commissioners do not constitute a "legislative department," as their powers are executive as well as legislative. The section has been repealed in so far as it relates to -boroughs by the Borough Code, Act of May 14, 1915, P. L. 312. 330. QUORUM. Two of the commissioners aforesaid, shall form a board for the transaction of business, and when convened in pursuance of notice or according to adjournment, shall be competent to perform all and singular the duties appertaining to the oflfice of county commissioners. Sec. 19, Act of April 15, 1834, P. L. 537. 331. CERTIFIED COPIES OF PROCEEDINGS TO BE EVIDENCE IN ALL COURTS. Copies of the proceedings of the commissioners, certified by their clerk, under the county seal, shall be good evidence in the trial of any case, in any of the courts within this Commonwealth. Sec. 21, Act of April 15, 1834, P. L. 537. 184 332. POWER TO ADMINISTER OATHS. The commissioners of every county shall respectively have power to administer oaths and affirmations in all cases arising in the performance of the duties of their office. Sec. 25, Act of April IS, 1834, P. L. 537. 333. COUNTY SEAL. CUSTODY. OFFICIAL ACTS TO BE AUTHENTICATED. There shall be a county seal for each county of this State, which shall be in the custody of the commis- sioners thereof, and the official acts of the commissioners shall be authenticated therewith. Sec. 8, Act of April 15, 1834, P. L. 537. 334. DEEDS OF COMMISSIONERS MAY BE RECORDED. RECORDS OF SAME OR CERTIFIED COPIES TO BE EVIDENCE. All deeds of county commissioners, being duly acknowledged, may be recorded in the office for recording of deeds in the county where the lands lie; and the records thereof, or duly certified copies thereof, shall be evidence in all cases where the original deeds would be evidence. And where any such deeds have heretofore been recorded as aforesaid, the records thereof, or duly certified copies thereof, shall be as good evidence as if the same had been recorded under the provisions of this act. Sec. 2, Act of April 5, 1849, P. L. 344, No. 269. 335. BOARD TO APPOINT CLERK. The county commis- sioners of the several counties within this commonwealth shall con- stitute a board, a majority of whom shall have authority to appoint a competent person as clerk. Sec. 1, Act of April 18, 1899, P. L. 56. 336. TERM OF CLERK AND SUCCESSOR IN CASE OF VACANCY. SALARY. The clerk so appointed shall hold his of- fice for the term of four years, and in case of a vacancy by death, resignation, or removal for cause, his successor shall serve for the unexpired time for which he was appointed, and shall receive such salary as the commissioners shall determine. Sec. 1, Act of May 8, 1913, P. L. 161, No. 110, amending Sec. 2, Act of April 18, 1899, P. L. 56. 337. DUTIES OF CLERK. OATH. He shall keep the books and accounts of the board, record or file their proceedings and papers, attest all orders and warrants issued by them, and perform all other duties pertaining to his office as clerk; he shall before entering upon the duties of his office take and subscribe the oath prescribed by sec- 185 tion one of article seven of the constitution of this commonwealth, (Sec. 81 above,) which oath or affirmation shall be filed by such clerk in the office of the clerk of the court of quarter sessions of the same county. Sec. 3, Act of April 18, 1899, P. L. 56. 338. NOT APPLICABLE WHERE CLERK IS ELECTED. This act shall not be construed to authorize the appointment of com- missioners' clerk by the county commissioners of any county wherein the clerk of the commissioners is now elected by the people. Sec. 4, Act of April 18, 1899, P. L. 56. 339. POWER OF CLERKS TO ADMINISTER OATHS. The clerks of the commissioners of the several counties of this common- wealth shall have a general power to administer oaths and affirma- tions pertaining to the business of the commissioner's office. Sec. 1, Act of March 30, 1866, P. L. 109, No. 98. 340. TO GRANT CERTIFICATE TO TREASURER. RE- CORDING. TO FORWARD CERTIFICATE OF NAME AND DATE OF APPOINTMENT OF TREASURER TO AUDITOR GENERAL. It shall be the duty of the commissioners of each county [annually within ten days after the appointment of county treasurer,] to grant to such treasurer a certificate of his [appoint- ment] under the county seal, which shall be entered of record in the office of the recorder of deeds of the same county, and also to forward to the Auditor General a certificate in similar form, stating the name of the county treasurer and the date of his [appointment.] Sec. 31, Act of April 15, 1834, P. L. 537. See also following section. 341. TO GIVE TREASURER CERTIFICATE OF APPOINT- MENT, AND TO FORWARD CERTIFICATE THEREOF TO AUDITOR GENERAL. RECORDING OF CERTIFICATE. [Each person elected a county treasurer, shall before entering into the duties of his office, give bond with security, in the manner and on the conditions prescribed in the thirty-third and thirty-fourth sec- tions of an act, entitled "An act relating to counties and township officers," passed the fifteenth day of April, one thousand eight hun- dred and thirty-four (Sees. 89 and 90 above)], and it shall be the duty of the county commissioners, after the bonds and surety are given and approved, to give the person so elected, a certificate of his ap- pointment in the form and manner prescribed by the thi;-ty-first sec- tion of the act last aforesaid, (preceding section), and forward a 186 certificate thereof to the auditor general, in the manner therein pre- bcribed, and such certificate shall be recorded as in said act is di- rected. Sec. 4, Act of May 21, 1841, P. L. 400. 342. TO FURNISH OFFICE FURNITURE, STATIONERY, ETC., FOR COUNTY OFFICERS. TO PRINT COURT CALENDARS AND TRIAL LISTS OF COURTS. From and after the passage of this act, the county commissioners of the sev- eral counties of this Commonwealth shall, at the proper cost of the respective counties, furnish the office furniture, blank books, blanks, dockets, supplies, and stationery, required for each of the county of- ficers whose offices are located in the county buildings at the county seat, and all needed fuel and light; also printed court calendars and trial lists of the respective county courts, for the use of the officers and attorneys of said courts. Sec. 1, Act of May 29, 1907, P. L. 308, No. 234, amending Sec. 1, Act of April 25, 1889, P. L. 52, No. 54. Sec. 1 of the Act of 1889 was also amended by the Act of June 18, 1895, P. L. 197, No. 120, which, however, was repealed by the Act of 1907 above. See also Sec. 258 above as to counties over 150,000 population. 343. WRITING, PRINTING AND PUBLISHING ORDERS OR RULES OF COURTS TO BE PAID FOR BY THE COUNTY AS DIRECTED BY THE COURT IN COUNTIES UNDER 300,000 POPULATION. Whenever hereafter any of the courts of any judicial district of this Commonwealth shall find it necessary to have any order of the court, or any rule or rules of said court, written, printed or published, such order or rule, or rules, shall be written, printed and published at the expense of the county to which said order or rule, or rules, apply, or at the expense of the counties composing said judicial district, where said order or rule, or rules, apply to the whole judicial district, in such proportions as the court shall direct. Sec. 1, Act of April 16, 1903, P. L. 222. See note to following section. 344. DISTRIBUTION OF RULES WRITTEN, PRINTED OR PUBLISHED IN COUNTIES LESS THAN 300,000 POPULA- TION. PRICE OF ADDITIONAL COPIES OF BOOK OF RULES. In the case of any rule or rules being written, printed or published, as aforesaid, it shall be the duty of the county commis- sioners of the said county or counties, to have written, printed or published so many copies of the said rule or rules as may be reason- 187 ably necessary to supply the local bar or bars. And the said county commissioners shall, upon request deliver a copy of the said rule or rules to each of the members of the bars in said district, taking his receipt for the same, in a book to be kept for that purpose: Pro- vided, That in the case of a book of rules written, printed and pub- lished, that any additional copy thereof furnished to resident mem- bers of the bar or bars of the said district or districts, or to others, shall be paid for at the price of two dollars ($2.00) per copy, the said sum to be turned into the county treasury: Provided further. That the provisions of this act shall not apply to counties having a popu- lation of more than three hundred thousand persons. Sec. 2, Act of April 16, 1903, P. L. 222. The title of this act seems to be defective, in that it gives no notice of the fact that the Act does not apply to counties of more than 300,000 population. This question does not seem to have ever been raised or decided by the courts. 345. TO FURNISH AN OFFICE TO EACH JUDGE LEARNED IN THE LAW. From and after the passage of this act, the county commissioners of the several counties of this Com- monwealth shall furnish an ofHce for each of the judges learned in the law, of the courts of common pleas and orphans' courts of the said counties, in the court-house at the county-seat; and, in case no such office is available in the court-house, they shall, at the proper cost of the respective counties, furnish an office in such building as may be selected by the said judge and county commissioners. Sec. 1, Act of April 5, 1917, P. L. 43. 346. TO PROVIDE SUITABLE APARTMENTS FOR SEP- ARATE ORPHANS' COURTS. The commissioners of the sev- eral counties wherein separate orphans' courts are now or hereafter shall be established shall provide proper and suitable apartments, as may be required by said courts, in which the business of said courts shall be held and conducted, and in which the records thereof shall be safely and securely kept. Sec. 7, Act of June 7, 1917, P. L. 363. 347. TO PROVIDE, FURNISH AND MAINTAIN OFFICES AND STORAGE, AND TO PROVIDE STATIONERY, PRINT- ING, ETC., FOR COUNTY SUPERINTENDENT OF SCHOOLS AND HIS ASSISTANTS. The county commissioners of each county in this Commonwealth shall provide, furnish, and maintain fit and suitable office rooms at the county-seat for the use of the county superintendent of schools, and his assistants, if any; and the said county commissioners shall also provide, furnish, and maintain safe 188 and suitable storage, in connection with such office rooms, for the preservation and safe-keeping of the school records, books, and documents pertaining to such office. They shall also provide, for the use of said superintendent and assistant superintendents, all necessary stationery, printing, and blanks, and postage, other than that connected with the annual county teachers' institute. Sec. 1, Act of April 29, 1913, P. L. 129, amending Sec. 1125, Act of May 18, 1911, P. L. 309. 348. TO PROVIDE COUNTY SUPERINTENDENT OF SCHOOLS WITH A TELEPHONE, TYPEWRITERS AND STENOGRAPHER AT EXPENSE OF THE COUNTY, In each county in the Commonwealth, the county superintendent of schools may be provided, at the expense of the county, with a telephone, a typewriter, and a stenographer. In counties having more than three hundred teachers in the public schools, the stenographer may be em- ployed by the year. In counties having less than three hundred teachers in the public schools, the stenographer may be employed for three days of each week, or the equivalent of such time, during the year. Sec. 1, Act of June 1, 1915, P. L. 706, No. 323. 349. APPOINTMENT AND COMPENSATION OF STENO- GRAPHER. The stenographer may be chosen by the superintend- ent, and the compensation shall be fixed by the superintendent and county commissioners, and shall be paid out of the county treasury. Sec. 2, Act of June 1, 1915, P. L. 706, No. 323. 350. TO FIX COMPENSATION FOR LIGHT, RENT AND FUEL FOR ELECTION PURPOSES; TO BE PAID BY COUNTY. The commissioners of the several counties of this Com- monwealth are hereby authorized and empowered to fix the compen- sation for lights, rent and fuel, for election purposes, in each and every township, borough, ward and election district in the respective counties, which said compensation shall be fixed and established at least once every three years by resolution duly entered upon the minutes of said commissioners, and the said expenses shall be paid by said respective counties according to the compensation so ascertained and entered upon said minutes, and not otherwise. Sec. 1, Act of May 8, 1876, P. L. 136, No. 104. 351. TO PUBLISH ACCOUNTS OF REGISTERS FOR COL- LATERAL INHERITANCE TAX. It shall be the duty of the county commissioners of every county, to publish in detail the ac- counts of registers for collateral inheritance tax, as settled by the 189 county auditors, in the same manner as the accounts of county lates and levies are now required to be published; and the auditor's Avages for settling such accounts, shall be paid out of such tax. Sec. 4, Act of April 22, 1846, P. L. 483. 352. TO SUBSCRIBE FOR WEEKLY NEWSPAPERS, BINDING AND KEEPING SAME IN OFFICE. The county com- missioners of the several counties of this Commonwealth are hereby authorized and directed to subscribe three weekly newspapers, if so many be published within their respective counties, to procure the binding of the same in separate volumes, and keep them in their of- fices as books of reference for the use of the public. Sec. 1, Act of May 18, 1893, P. L. 105. 353. SELECTION OF NEWSPAPERS, It shall be the duty of each member composing a board of county commissioners to select one of the said newspapers referred to in section one, when three or more are published in said county, where less than three are pub- lished within the county the commissioners shall have all such news- papers so bound. Sec. 2, Act of May 18, 1893, P. L. 105. 354. EXPENSES TO BE PAID BY COUNTY. All expenses necessary to carry this act into effect shall be paid out of the county treasury. Sec. 3, Act of April 18, 1893, P. L. 105. 355. MAY EMPLOY DETECTIVES AND OFFER RE- WARDS IN CERTAIN CASES, SUBJECT TO APPROVAL OF PRESIDENT JUDGE. The county commissioners of the several counties of this Commonwealth may, when they deem the same ex- pedient, employ detectives and offer such reward, in addition to that authorized by law, as in their judgment the nature of the case re- quires, for the detection or apprehension of any person charged with, or perpetrating, any felony or misdemeanor, or aiding or abetting the same, and upon the conviction of such person, the county commis- sioners may pay such reward out of the county treasury, but in no case shall the owner of a stolen horse or horses be entitled to any of the said reward : Provided, That the provisions of this act shall not apply to counties in which a like or similar' power is now vested in city or county officials: And further provided. That before the county commissioners can exercise the authority given by this act, in cases of misdemeanor, the county commissioners must have the approval of the president judge of the court of common pleas of the county. Sec. 1, Act of April 4, 1919, P. L. 41, No. 31, amending Sec. 1, Act of May 8, 1889, P. L. 132, No. 147. 190 356. MAY OFFER ADDITIONAL REWARD FOR DETEC- TION AND APPREHENSION OF HORSE THIEVES. PAY- MENT. The county commissioners of the various counties of this Commonwealth may, when they deem the same expedient, offer such reward in addition to that now authorized by law, as in their judg- ment the nature of the case requires, for the detection or apprehen- sion of any person charged with, or engaged in horse stealing, or aid- ing or abetting the same; and upon the conviction of such person, the county commissioners may pay such reward or other compensa- tion out of the county treasury; but in no case shall the owner of the stolen horse or horses, be entitled to any of said reward. Sec. 1, Act of April 4, 1889, P. L. 23, No. 22. 357. STANDARD MERIDIAN AND STANDARD MEASURE TO BE FIXED. The county commissioners of the several counties of this commonwealth are hereby authorized and directed, within two years from and after the passage of this act, to cause to be marked and established, on some inalienable property belonging to the county, or on such property as the commissioners of the county may hereafter acquire for that purpose, at or near the seat of justice of the several counties, a true meridian line, and a fixed standard meas- ure of a two or four pole chain, agreeing with and made after the measure of the standard yard now in the office of the secretary of the commonwealth; and the cost whereof to be paid out of the re- spective county treasuries. Sec. 1, Act of April 26, 18S0, P. L. 595. 358. SURVEYORS TO ADJUST THEIR COMPASS AND CHAINS. When the said true meridian lines, and the measures of the said standard two or four-pole chain, shall have been so marked and established as aforesaid, the said county commissioners shall give public notice thereof, in one or more newspapers of their respective counties, or otherwise, for at least three successive weeks; and it shall be the duty of every land surveyor in this commonwealth, after such notice has been given as aforesaid, in the month of April in each year, to adjust and verify his compass by one of the said meridian lines, and to ascertain the variation of its needle from the true meridian, and his chain by one of the said measures of the said standard two or four-pole chain ; and the said surveyors shall there- after, in all their returns of surveys, or writings "concerning surveys of land and lines run by the compass, note the bearings or courses of such surveys and lines, so as to show the true, and not the mag- netic bearing, together with the date of such survey or tracing of lines. Sec. 2, Act of April 26, 1850, P. L. 595. 191 359. BOOK TO BE KEPT IN WHICH SURVEYORS SHALL ENTER VARIATIONS OF THEIR COMPASS. It shall be the duty of the commissioners of the several counties aforesaid to pro- cure a book to be kept in their office ; and every surveyor, on having adjusted his chain and compass as aforesaid, shall enter therein the variation of his compass from the true meridian, whether east or west, and the date on which he adjtisted his chain and compass, and shall subscribe his name thereto, for future reference. Sec. 4, Act of April 26, 1850, P. L. S9S. 360. PENALTY FOR NEGLECT OR REFUSAL TO PER- FORM DUTIES. If the commissioners of any county shall neglect or refuse to perform any duty required by them by law, or if any one of such commissioners shall neglect or refuse to perform any official duty, they or he shall respectively be fined in a sum not exceeding one hundred dollars. Sec. 24, Act of April IS, 1834, P. L. 537. (c) Auditors. 361. MEETINGS. The auditors of each county shall assemble at the seat of justice thereof, on the first Monday of January, in each year, and at such other times as they may find necessary for the performance of the duties required of them by law. Sec. 47, Act of April 15, 1834, P. L. 537. 362. TO AUDIT, SETTLE AND ADJUST ACCOUNTS OF CERTAIN COUNTY OFFICERS. REPORTS FILED WITH COURT. QUORUM. The auditors of each county, any two of whom when duly convened shall be a quorum, shall audit, settle and adjust the accounts of the commissioners, treasurer and sheriff and coroner of the county, and make report thereof to the court of Com- mon Pleas of such county, together with a statement of the balance, due from or to such commissioners, treasurer, sheriff or coroner. Sec. 48, Act of April' 15, 1834, P. L. 537. 363. TO AUDIT, SETTLE AND ADJUST ACCOUNTS OF THE COUNTY TREASURER AND OTHER OFFICERS RE- CEIVING MONEY OF THE COMMONWEALTH WITH THE STATE TREASURER. REPORT TO COMMON PLEAS. It shall also be the duty of the auditors of each county, to audit, settle, and adjust the accounts of the treasurer of the county with the State Treasury, and of such other officers in the county receiving money for the use of the Commonwealth as may be referred to them, by 192 the Auditor General, and to make a separate report thereof to the court of Common Pleas for the county, together with a statement of the balances due from or to such treasurer or other officer. Sec. 49, Act of April 15, 1834, P. L. 537. This section is repealed in so far as it relates to the accounts of the prothonotary, register, recorder and the clerks of the several courts, and no further, by Sec. 1, Act of March 15, 1847, P. L. 354. Glatfelter v. Commonwealth, 74 Pa. 74. The accounts of these ofKcers are settled by a special auditor appointed by the court of common pleas under the Act of May 20, 1913, P. L. 252, which is an amendment of Sec. 10, Act of April 21, 1846, P. L. 413. In counties where there is a controller and no county auditors this special auditor settles the accounts of all county officers with the Commonwealth. See Sees. 386 and 399 below.- 364. TO TRANSMIT CERTIFIED COPY OF REPORT TO AUDITOR GENERAL. It shall be the duty of the auditors of each county within ten days after preparing the same to transmit to the auditor general a certified copy of their report upon the accounts of the treasurer of the respective county with the State Treasury, and of such other officers as may be referred to them as aforesaid. Sec. 59, Act of April IS, 1834, P. L. 537. 365. TO AUDIT, SETTLE AND ADJUST ACCOUNTS OF THE DIRECTORS OF THE POOR AND THE TREASURER AND STEWARD OF POORHOUSES. EXCEPTION. In ad- dition to the powers and duties of county auditors, as now conferred on them by law, it shall be their duty to audit, settle and adjust the accounts of the directors of the poor, and of the treasurer and steward of each and every poorhouse, within any county wherein a poor- house has been or may hereafter be erected, in each and every year, after the passage of this act : Provided, That this act shall not apply to any poor district, the territory of which is not coextensive with the county, except upon the petition of at least twenty citizens, resident in such township, filed in the office of the clerk of the court of quarter sessions of the proper county, praying for an audit to be had by the county auditors, as aforesaid, within ten days after an audit had, as required by laws heretofore existing. Sec. 1, Act of June 2, 1881, P. L. 44, No. 50, amending Sec. 1, Act of April 22, 1879, P. L. 30, No. 25. The constitutionality of this and the amended act was upheld in the case of Nason v. Poor Directors, 126 Pa. 445, 459. 366. TO ISSUE SUBPOENAS AND ATTACHMENTS TO OBTAIN ATTENDANCE OF OFFICERS AND WITNESSES, AND FOR PRODUCTION OF BOOKS, ETC., TO BE SERVED BY SHERIFF OR CORONER. The auditors of each county shaJl have power to issue subpoenas to obtain the attendance of the officers 193 whose accounts they are required to adjust, their executors and ad- ministrators, and of any persons whom it may be necessary to ex- amine as witnesses, and to compel their attendance by attachment in like manner and to the same extent as any court of Common Pleas of this State may or can do in cases depending before them ; and also to compel, in like manner, the production of all books, vouchers and papers relative to such accounts, and such subpoena and attachment shall be served and executed by the sheriff or coroner of the respec- tive county, as the case may require. Sec. SO, Act of April IS, 1834, P. L. 537. 367. MAY ADMINISTER OATHS. PENALTY FOR FALSE SWEARING. The auditors of each county shall have power to ad- minister oaths and affirmations to all persons brought or appear- ing before them, whether accountants, witnesses or otherwise ; and all persons guilty of swearing or affirming falsely on such examina- tion, shall be liable to the pains and penalties of perjury. Sec. SI, Act of April IS, 1834, P. L. S37. 368. COMMITMENT TO COUNTY JAIL OF PERSONS RE- FUSING TO TAKE OATH OR REFUSING TO ANSWER QUESTIONS. If any person appearing before such auditors for examination shall refuse to take such oath or affirmation, or after haying been sworn or affirmed, shall refuse to make answer to such questions as shall be put to him by the auditors touching the public accounts, or the official conduct of such public officers or any of them, such persons so refusing may be committed by the auditors to the county Jail, by warrant under their hands and seals, directed to the sheriff or any constable of the county, setting forth particularly the causes of such commitment, until he shall submit to be sworn or affirmed, or to make answers to such questions or be otherwise legally discharged. Sec. 52, Act of April 15, 1834, P. L. 537. 369. WITNESS FEES ALLOWED. TO BE CHARGED AGAINST OFFICER WHERE FINAL JUDGMENT IS AGAINST HIM. Witnesses attending before auditors shall receive out of the county stock, the same allowance as is received by wit- nesses attending before the courts of this State; and where final judgment shall be given against any officer whose accounts shall have been settled by the auditors, the charges of the attendance of such witnesses shall be included in the costs assessed against such ofScer. Sec. 53, Act of April 15, 1834, P. L. 537. 13 194 370. PROCEEDINGS WHERE PARTIES REFUSE TO PRO- DUCE PAPERS, OR OFFICERS REFUSE TO ATTEND OR SUBMIT TO EXAMINATION. If any person in possession of books, vouchers or papers relative to public accounts before audi- tors, shall refuse to produce the same, or if any ofiBcer whose ac- counts are to be settled and adjusted by such auditors, shall refuse to attend or submit to examination as is hereinbefore diredted, the auditors shall proceed by the examination of witnesses and other evidence to ascertain and settle as near as may be the amount of pub- lic money received by such officer and its application to public pur- poses or otherwise. Sec. 54, Act of April IS, 1834, P. L. 537. 371. TO FILE REPORTS WITH THE COURT. TO HAVE EFFECT OF A JUDGMENT. The report of the auditors shall be filed among the records of the court of Common Pleas of the respec- . tive county, and from the time of being so filed shall have the effect of a judgment against the real estate of the officer who shall thereby appear to be indebted either to the commonwealth or to the county. Sec. 55, Act of April 15, 1834, P. L. 537. 372. APPEAL MAY BE TAKEN FROM REPORTS TO THE COURTS. TRIAL BY JURY. An appeal may be made from such report to the court of Common Pleas of the same county either by the commonwealth, the county, or the officer, and thereupon the court may direct an issue as the case may require, to be tried by a jury upon whose verdict final judgment shall he entered. Sec. 56, Act of April 15, 1834, P. L. 537. See also Sec. 1, Act of June 12, 1878, P. L. 208 (Sec. 1572 below), permitting an appeal by ten or more taxpayers. 373. TIME OF APPEAL. OFFICER APPEALING TO GIVE BOND, Such appeal shall be entered by the commonwealth within four months and by the county and the officer, within sixty days after the filing of the report : Provided, That if the officer be the appellant he shall enter into a recognizance with two sufficient sureties in double the sum found due by such report, with condition to prose- cute the appeal with effect and to pay the costs and such sum of money as he shall appear by the verdict of the jury to be indebted. Sec. 57, Act of April 15, 1834, P. L. 537. 374. COURTS TO DIRECT FORM OF ISSUE. APPEALS MAY BE SETTLED BY ARBITRATION. The courts of common pleas shall direct the form in which the issues shall be entered in all appeals now pending, or which may be hereafter taken, from the re- 195 port of county auditors ; and the same may be submitted to reference and arbitration, in the same manner as is provided in the act relat- ing to reference and arbitration, passed 16th June, 1836, and the pro- ceedings thereupon shall be same as are provided by the said act. Sec. 10, Act of April 14, 1838, P. L. 4S7. 375. PAYMENT OF COSTS ON APPEAL. In case the ap- pellant or appel^lants shall not recover final judgment in court more favorable to him or them than the report of auditors, he or they shall pay all costs that may accrue on his or their appeal ; but if he or they should recover in court a final judgment more favorable than the report of the auditors, then the appellee or appellees, shall pay the costs that may accrue on such appeal. Sec. 11, Act of April 14, 1838, P. L. 457. 376. APPEALS TO THE SUPERIOR OR SUPREME COURT MAY BE TAKEN. Hereafter in all cases pending and un- determined in any court of common pleas in this Commonvirealth, which are appeals from settlements or reports made by county, [bor- ough or township] auditors, it shall be lawful for any party to except to any ruling or decision of the court upon any question or point of law that may arise; and an appeal may be taken therefrom to the Superior or Supreme Court: Provided, That such exceptions and appeals shall be governed and regulated by the laws now in force, regulating exceptions and appeals to the Supreme and Superior Courts in civil cases. Sec. 1, Act of May 11, 1901, P. L. 185. This section was repealed is so far as it relates to township auditors by the Act of July 14, 1917, P. L. 972. 377. MAY APPEAL TO SUPERIOR OR SUPREME COURT IN CASE THE COURT OF COMMON PLEAS DISALLOWS SURCHARGE AGAINST ANY OFFICER. PAYMENT OF COSTS. Whenever the board of auditors in any county shall sur- charge, according to law, any county ofhcer, or board of county of- ficers, with any sum or sums of money, deemed by said auditors to have been unlawfully, improvidently, or recklessly expended, and any court of such county shall cancel or annul such surcharge, the board of auditors may, at its option, appeal from the decree or order of such court to the Superior or Supreme Court, as appeals thereto are now regulated by law. In no case shall the board of auditors, or any of them, be personally liable for the costs of any such appeal. If the final decision of the Superior or Supreme Court be adverse to such surcharge officer or olHcers, he or they shall each be individually 196 liable for all the costs of such appeal. If such final decision shall be in favor of such surcharged officer or officers, the proper county shall pay the costs of such appeal. Sec. 1, Act of June 2S, 1913, P. L. SS9, No. 356. 378. EXECUTION TO ISSUE IN CASE NO APPEAL IS TAKEN OR SECURITY GIVEN. If an appeal shall not be en- tered and security given as is hereinbefore required, or if upon such appeal judgment shall be given in favor of the commonwealth or of , the county, execution shall thereupon issue against the property or person of the defaulting officer, in like manner as upon judgments re- covered in the usual course of law. Sec. 58, Act of April 15, 1834, P. L. 537. 379. TO PUBLISH ANNUAL REPORT AND FILE SAME IN COURT. PRINTING OF REPORT AND PUBLISHING IN NEWSPAPERS. EXPENSE OF PUBLICATION. From and after the passage of this act, it shall be the duty of the county audi- tors of the respective counties of this Commonwealth to publish their annual report, such as by law is required or shall hereafter be re- quired of them to be made and filed in the court of common pleas of their respective county, relating to the accounts of the several officers which by law said county auditors are or may be required hereafter to adjust and settle. Said auditors' report, or statement, shall be prepared and placed in the printer's hands, for publication, within ten days after being filed in the court of common pleas; and shall be published once a week for three successive weeks in at least two newspapers of the respective county, one of which papers shall be politically of a minority party. That the expense of the publication of said auditors' report shall be paid by the county commissioners, out of the funds of the respective county of which the said report concerns. Sec. 1, Act of March 27, 1913, P. L. 13, amending Sec. 1, Act of May 7, 1907, P. L. 169. 380. MAY EMPLOY COUNSEL. COMPENSATION TO BE APPROVED BY JUDGE. The. county auditors of the several counties within this Commonwealth may employ a competent at- torney-at-law to act as counsel and attorney for such auditors, and such attorney shall be paid out of the funds of the proper county such reasonable. compensation for his services as the board of auditors may approve of: Provided, Before any such compensation is paid, the bill for the same shall be approved by the judge of the proper county. Sec. 1, Act of May 11, 1911, P. L. 209. 197 381. PENALTY FOR NEGLECT OR REFUSAL TO PER- FORM DUTIES. From and after the passage of this act, if any county auditor within this Commonwealth, who shall have taken upon himself the duties of such office, shall neglect or refuse to per- form the duties enjoined upon such office by law, he shall forfeit the sum of one hundred dollars, to be recovered by the county, as debts of like amount are recoverable. Sec. 1, Act of April 9, 1840, P. L. 283. (d) Controller. 1. In Counties Over 100,000 Population. 382. GENERAL POWERS AND DUTIES. The said con- troller shall have a general supervision and control of the fiscal af- fairs of the county and of the accounts and official acts of all officers or other persons who shall collect, receive or distribute the public moneys of the county, or who shall be charged with the management or custody thereof, and he may, at any time, require from any of them in writing, an account of all moneys, or property which may have come into their control, and he shall, immediately on the dis- covery of any default or delinquency, report the same to the commis- sioners and the court of common pleas of the county and shall take immediate measures to secure the public moneys or property and remove the delinquent party, if in office and not removed by the com- missioners. Sec. 4, Act of June 27, 1895, P. L. 403, No. 288. 383. REPORT TO COMMON PLEAS. CONTENTS. PUB- LICATION. He shall, in the month of January in every year, make a report, verified by oath or affirmation, to the court of common pleas of said county of all receipts and expenditures of tl^e county for the preceding year, in detail and classified as required in the fifth section of this act, together with a full statement of the financial conditions of the county, which report shall thereupon be published one time in such newspapers published in said county as the con- troller may direct, the aggregate cost of which shall not exceed one thousand dollars in any one year, to be paid for out of the county treasury, which publication shall be in lieu of that required by the twenty-seventh section of the act of fifteerith of April, Anno Domini one thousand eight hundred and thirty-four. Sec. 6, Act of June 27, 1895, P. L. 403, No. 288. 384. OFFICE AND FURNISHING. ACCOUNTS OF OFFI- CERS, ETC., AND INFORMATION REGARDING SAME. The controller shall keep his office in a room or rooms of the courthouse 198 of the county to be furnished at the expense of the county, and shall furnish the commissioners of the county, whenever required by them, a detailed account of any officer or other person having in his pos- session or under his control funds belonging to the county, and shall, at all times between the hours of ten o'clock ante meridian and two o'clock post meridian, give information respecting any of said accounts to any taxpayer of the county demanding the same. Sec. 7, Act of June 27, 1895, P. L. 403, No. 288. 385. CUSTODY OF OFFICIAL BONDS, TITLE DEEDS, CONTRACTS, BOOKS AND PAPERS RELATING TO FINAN- CIAL AFFAIRS. BONDS AND OBLIGATIONS OF COUNTY WHEN PAID. The controller shall have the custody of all official bonds (except his own) given to the county and of all title deeds to real estate owned by the county, and of all contracts entered into by or on behalf of the county, and of all books, documents and papers relating to its financial affairs, and of all bonds and other obligations issued by said county when paid, which bonds and other obligations when so paid, shall be distinctly cancelled by him and carefully and regularly be filed, a register of which cancellation shall be kept by him in a book to be provided for that purpose. Sec. 12, Act of June 27, 1895, P. L. 403. No. 288. 386. CERTAIN POWERS AND DUTIES OF AUDITORS TO DEVOLVE ON CONTROLLER. EFFECT OF REPORTS. AP- PEALS. All duties devolved on the county auditors by the act of April fifteenth, one thousand eight hundred and thirty-four, and ail powers conferred on them by said act shall be performed and exercised by the county controller so far as regards county accounts and State taxes for which the county is or may be liable, and all other accounts with the treasurer with the commonwealth shall be audited by the auditor of the accounts of prothonotaries, clerks, et cetera, appointed by the court of common pleas under the act of twenty-first of April, one thousand eight hundred and forty-six and its supplements. And the report required by the seventh (sixth) section of this act shall have the same effect as the report of the auditors under said act of the fifteenth of April, one thousand eight hundred and thirty-four, with like rights of appeal therefrom. Sec. IS, Act of June 27, 1895, P. L. 403, No. 288. The word "seventh" in the last sentence of this section should be "sixth." Martin v. Luzerne Co., 13 D. R. 800. The sixth section of the Act of 1895 is Sec. 383 above. For the duties of the auditors under the Act of April 15, 1834, re- ferred to, see Sees. 361 to 378 above. 199 387. DEPUTY CONTROLLER AND CLERKS. The con- troller shall appoint a deputy controller and such other clerks as may be necessary, whose salaries shall be fixed by the commissioners and the controller, as provided by section seven of the act of thirty-first of March, one thousand eight hundred and seventy-six, (Sec. 174 above). The deputy controller shall, during the necessary or tem- porary absence of the controller, perform all his duties, and also in case of a vacancy until a successor is qualified. Sec. 14, Act of June 27, 189S, P. L. 403, No. 288. 388. IN COUNTIES BETWEEN 1,400,000 AND 800,000, DESIGNATION OF ADDITIONAL CLERK TO COUNTER- SIGN WARRANTS. EFFECT OF SUCH COUNTERSIGNING. In all counties having a population of over eight hundred thousand inhabitants, and less than fourteen hundred thousand inhabitants, ac- cording to the preceding United States census, any county con- troller is hereby authorized and empowered to designate, in addition to the chief clerk, who is now empowered by law so to do, any clerk in his office to countersign warrants when properly drawn on the county treasurer, whenever in the opinion of any such county con- troller it is necessary so to do for the public convenience, which said warrants so countersigned by such clerk so designated, shall be honored by the county treasurer, with the same force and eflfect as if countersigned by the county controller or his said chief clerk, dur- ing the period designated in writing to such county treasurer by the said county controller. Sec. 1, Act of June 5, 1913, P. L. 448. 389. CLERKS EMPOWERED TO ADMINISTER OATHS., From and after the passage of this act, the county controllers in the various counties of this Commonwealth may appoint one or more clerks, employed in their respective offices, to administer oaths and affirmations, to all persons, pertaining to the business or conducting of said controller's office, with the same force and eflfect as if admin- istered by the said controller or deputy controller. Sec. 1, Act of March 11, 1909, P. L. 13, No. 8. Sec. 1, Act of May 9, 1889, P. L. 167, No. 185, authorized the "chief clerks of the county controllers" to administer certain oaths and affir- mations. There is no chief clerk recognized under the present system. The section is probably supplied by the above text. 390. SOLICITOR IN COUNTIES BETWEEN 1,400,000 AND 800,000 POPULATION. APPOINTMENT. DUTIES. TERM. COMPENSATION. In all counties of this Commonwealth contain- mg a population of not less than eight hundred thousand nor more 200 than one million four hundred thousand, as computed by the last preceding United States census, the county controller shall be, and he is hereby, authorized and empowered to designate and appoint one person, learned in the law, to act as his solicitor. It shall be the duty of said solicitor to advise upon all such legal matters as may be submitted to him, and to conduct any litigation desired, by said county controller. He shall hold office at the pleas- ure of the controller, and shall receive a salary of three thousand dollars per annum, to be paid out of the county treasury. Sec. 1, Act of March 22, 1917, P. L. 9, amending Sec. 1, Act of March 28, 1907, P. L. 37, No., 34, as amended. 391. SOLICITOR IN COUNTIES BETWEEN 800,000 AND 260,000 POPULATION. APPOINTMENT. DUTIES. TERM. COMPENSATION. In all counties of this Commonwealth contain- ing a population of not less than two hundred and sixty thousand, nor more than eight hundred thousand, as shown by the last preced- ing United States census, the county controller shall be, and is here- by, authorized and empowered to designate and appoint one person, learned in the law, to act as his solicitor. It shall be the duty of said solicitor to advise upon all legal matters that may be submitted to him, and to conduct any litigation desired, by said county controller. The said solicitor shall hold office for the term for which the con- troller was elected, and shall receive a salary of two thousand dol- lars per annum, to be paid out of the county treasury. Sec. 1, Act of May 20, 1913, P. L. 240, No. 166 392. SOLICITOR IN COUNTIES BETWEEN 260,000 AND 100,000 POPULATION APPOINTMENT. In all counties having a population of more than one hundred thousand and less than two hundred and sixty thousand inhabitants, as shown by the last pre- ceding decennial census of the United States, the county controller is authorized to appoint one person, learned in the law, as his soli- citor. Sec. 1, Act of April 4, 1919, P. L. 37, amending Sec. 1, Act of July 18, 1917, P. L. 1042, No. 342. 393. DUTIES, TERM AND COMPENSATION. The said solicitor shall advise upon all legal matters that may be submitted to him, and shall conduct any Htigation when requested so to do, by the controller. The solicitor shall hold office for the term for which the controller was elected ; and his salary shall be fixed by the county commissioners and county controller. Sec. 2, Act of April 4, 1919, P. L. 37, amending Sec. 2, Act of July 18, 1917. P. L. 1042, No. 342. 201 2. In Counties Where Office Has Been Established on Petition to Court. 394. GENERAL POWERS AND DUTIES. The said controller shall have a general supervision and control of the fiscal affairs of the county, and of the accounts and official acts of all officers, or other persons who shall collect, receive, or distribute the public moneys of the county, or who shall be charged with the management or cus- tody thereof; and he may at any time require from arty of them, in v/riting, an account of all moneys or property which may have come into their control ; and he shall immediately on the discovery of any default or delinquency report the same to the commissioners and the court of common pleas of the county, and shall take immediate measures to s'ecure the public moneys or property, and remove the delinquent party, if in office, and not removed by the commissioners. Sec. 4, Act of May 6, 1909, P. L. 434, No. 242. 395. REPORT TO COMMON PLEAS. CONTENTS. PUB- LICATION. He shall, in the month of January in every year, make a report, verified by oath or affirmation, to the court of common pleas of said county, of all receipts and expenditures of the county for the preceding year, in detail, and classified as required in the fifth section of this act, together with a full statement of the financial conditions of the county; which report shall thereupon be published one time in such newspapers, published in said county, as the controller may di- rect, the aggregate cost of which shall not exceed one thousand dol- lars in any one year, to be paid for out of the county treasury, which publication shall be in lieu of that required by the twenty-second sec- tion of the act of fifteenth of April, Anno Domini one thousand eight hundred and thirty-four. Sec. 6, Act of May 6, 1909, P. L. 434, No. 242. 396. OFFICE AND FURNISHING. ACCOUNTS OF OF- FICERS, ETC., AND INFORMATION REGARDING SAME. The controller shall keep his office in a room or rooms of the court- house of the county, to be furnished at the expense of the county, and shall furnish the commissioners of the county, whenever re- quired by them, a detailed account of any officer or other person having in his possession or under his control, funds belonging to the county, and shall at all times, between the hours of ten o'clock ante meridian and two o'clock post meridian, give information respecting any of said accounts to any taxpayer of the county, demanding the same. Sec, 7. Act of May 6, 1909, P. I,. 434, No. 242. 202 397. CUSTODY OF OFFICIAL BONDS, TITLE DEEDS, CONTRACTS, BOOKS AND PAPERS RELATING TO FINAN- CIAL AFFAIRS. BONDS AND OBLIGATIONS OF COUNTY WHEN PAID. The controller shall have the custody of all official bonds — except his own — given to the county, and of all title deeds to real estate owned by the county, and of all contracts entered into by or on behalf of the county, and of all books, documents, and papers relating to its financial affairs, and of all bonds and other obligations issued by said county when paid, which bonds and other obligations, when so paid, shall be distinctly cancelled by him and carefully and regularly be filed, a register of which cancellation shall be kept by him, in a book to be provided for that purpose. Sec. 12, Act of May 6, 1909, P. L. 434, No. 242. 398. DEPUTY CONTROLLER AND CLERKS. The controller may appoint a deputy controller, and such other clerks as may be necessary, whose salaries shall be fixed by the commissioners and the controller, as provided by section seven of the act of thirty-first of March, one thousand eight hundred and seventy-six, (Sec. 174 above). The deputy controller shall, during the necessary or tem- porary absence of the controller, perform all his duties, and also in case of a vacancy, until a successor is qualified. Sec. 14, Act of May 6, 1909, P. L. 434, No. 242. 399. CERTAIN POWERS AND DUTIES OF AUDITORS TO DEVOLVE ON CONTROLLER. EFFECT OF REPORTS, AP- PEALS. All duties devolved on the county auditors by the act of April fifteenth one thousand eight hundred and thirty-four, and all powers conferred on them by said act, shall be performed and exer- cised by the county controller, so far as regards county accounts, and State taxes for which the county is or may be liable; and all other accounts with the treasurer with the Commonwealth shall be audited by the auditor of the accounts of prothonotaries, clerks, et cetera, appointed by the court of common pleas, under the act of twenty- first April, one thousand eight hundred and forty-six, and its sup- plements. And the report, required by the seventh section of this act, shall have the same effect as the report of the auditors under said act of the fifteenth of April, one thousand eight hundred and thirty-four, with like rights of appeal therefrom. Sec. 15, Act of May 6, 1909, P. L. 434, No. 242. For the duties of the auditors under the Act of April IS, 1834, re- ferred to, see Sees. 361 to 378 above. 203 (e) Treasurer. 400. NOT TO ACT BEFORE RECEIVING CERTIFICATE AND GIVING BOND. No person appointed treasurer of any county shall undertake any of the duties of his office until a certi- ficate of his appointment shall have been given and recorded in con- formity with this act, nor until he shall have given bond, with sure- ties, as is hereinafter provided. Sec. 32, Act of April IS, 1834, P. L. 537. For certificate of appointment see Sees. 340 and 341 above. For bond of treasurer see Sees. 89 and 90 above. 401. GENERAL DUTIES. It shall be the duty of every county treasurer to receive all moneys due or accruing to the county, and to pay the same on warrants drawn by the commissioners. He shall keep a just and true account of all moneys received and disbursed, which account shall be at all times open to the inspection of the commissioners and of each of them; he shall, once in three months, and oftener if required, furnish the commissioners with a statement of all moneys received and disbursed since the date of his last state- ment, exhibiting the balance remaining in his hands, together with the names of the collectors in whose hands any arrearages of taxes may remain with the amount thereof. And he shall, once in each year, state his accounts, and produce his vouchers, which, after ex- amination by the commissioners, shall be by them laid before the county auditors for settlement according to law. Sec. 37, Act of April 15,- 1834, P. L. 537. 402.^ TO KEEP SEPARATE ACCOUNTS OF COMMON- WEALTH MONEYS. It shall be the duty of every county treas- urer to keep separate accounts of all moneys received by him ori be- half of the commonwealth, from the following sources, viz : I. From licenses granted to hawkers and pedlars. II. From licenses to tavern keepers. III. From licenses to retailers of foreign merchandize, specify- ing, in each of these cases, the names of the parties, the rate or amount paid for such licenses, and the year for which such license was issued, or the duty paid. IV. From exempt fines. V. From duties on collateral inheritances, specifying the name of the decedent and the amount or value of the estate. VI. From taxes assessed on real or personal property, or other- wise, for the use of the Commonwealth, in pursuance of any act of Assembly. VII. From pamphlet laws and State maps. 204 VIII. From any other source from which, by law, he now is or hereafter may be required to receive money on behalf of the com- monwealth. Sec. 38, Act of April 15, 1834, P. L. 537. 403. MONIES PAID FOR THE REDEMPTION OF UN- SEATED LAND SOLD FOR TAXES REMAINING IN HANDS OF TREASURER AT EXPIRATION OF TERM. It shall be the duty of the several treasurer's of the counties of this common- wealth, to pay over to their respective successors in office, all monies paid to them for the redemption of unseated land sold for taxes, which may not have been called for by the purchasers, at treasurer's sale, or their legal representatives, during the continuance in office of such treasurer, and that the county auditors be, and they are here- by required to charge the monies so received to said treasurer, in the same manner that other money received by them is charged, and the same to be paid to said purchasers or their Legal representatives when called for, by orders drawn by the commissioners of the county, upon the treasurer, as in other cases. Sec. 15, Act of April 28, 1840, P. L. 467. 404. TO RECEIVE SUBSCRIPTIONS FOR PAMPHLET LAWS. Any citizen of this commonwealth, who may be desirous of purchasing a copy of the pamphlet laws, passed at the present or any succeeding sessions of the legislature, half bound, shall upon payment of [fifty cents,] enter his name in a book to be kept for that purpose, with the treasurer of the proper county; and it shall be the duty of each of the treasurers of the respective counties, to transmit true copies of the lists of such applicant for the pamphlet laws [of the present session, to the secretary of the commonwealth, on or before the first day of April, one thousand eight hundred and twenty-seven, and true copies of such lists] on or before the first Monday in January, annually thereafter; and the [secretary of the commonwealth] is hereby required to forward to the respective treasurers of the counties, the number of copies of the laws, half ■ bound, subscribed for with the respective treasurers at the price of [fifty cents] per copy, for printing and binding, the total amount of which to be paid for by warrants on the treasury, drawn by the gov- ernor, in the usual manner; [and the secretary of the commonwealth is hereby required to have printed and bound as aforesaid, five hun- dred copies of the pamphlet laws of the present session, to provide the same for such subscription in anticipation thereof.] Sec. 2, Resolution approved March 2, 1827, P. L. 505, No. 4. Pamphlet laws are now sold to the public under Par. 2, Sec. 18, Act of July 22, 1919, P. L. 1097, at one and a half dollars per copy. The system of subscriptions and distribution provided for by the Act of 1827 (this 205 and the following section) is still followed, however, by substituting the Division of Documents for the Secretary of the Commonwealth. Subscriptions are, of course, now taken every other year only, as the pamphlet laws are issued in odd numbered years only. 405. DELIVERY OF PAMPHLET LAWS. NOTICE, AC- COUNT AND PAYMENT. TREASURER'S COMMISSION AND EXPENSES. On the receipt of the said copies of the laws, by each county treasurer, he shall give notice thereof in one newspaper printed in the place nearest his residence, and shall on being applied to, deliver the copies to the persons who shall have subscribed for the same. And the county treasurers respectively, shall on or before the second Tuesday of December, in each year, render an account, under oath or affirmation to the auditor general, of the number of copies of the laws distributed by them, in conformity hereto, and pay over to the state treasurer, all moneys received by them respec- tively, from the sales thereof, deducting therefrom a commission of five per cent, and the costs of publication. Sec. 3, Resolution approved March 2, 1827, P. L. SOS, No. 4. See note to preceding section. 406. PENALTY FOR NEGLECT OR REFUSAL TO RENDER ACCOUNT OR PAY OVER MONEY RECEIVED. If any treasurer shall neglect or refuse to render his account to the auditor general for settlement, and pay over the full amount of the money received by him to the state treasurer, and to perform all the other duties enjoined on each of the said treasurers, he shall not be allowed any compensation or commission. Sec. 4, Resolution approved March 2, 1827, P. L. SOS, No. 4. 407. PENALTY FOR NEGLECT OF DUTY. If any county treasurer, elected or appointed under, the provisions of this act, after taking on himself the duties of the office, shall neglect or refuse to perform any duty required of him by law, he shall, on conviction, be fined in any sum not exceeding three hundred dollars, andi be forth- with removed from office. Sec. 7, Act of May 27, 1841, P. L. 400. For the provision covering the election of the treasurer under this Act, see Sec. 39 above. Although the treasurer is no longer elected under the Act of 1841, the above section is still generally regarded as in force. 408. PENALTY FOR MISAPPLICATION OF FUNDS COL- LECTED FOR SPECIFIC PURPOSES. Whenever any moneys shall have been or may hereafter be collected by' law, in any [city,] county [or township,] for 'any special purpose, and paid into the 206 hands of the treasurer of such [city,] county [or* township,] it shall be unlawful for such treasurer to apply such moneys, or any part thereof, to any other purpose than that for which such moneys shall have been or may be collected ; and every such misapplication shall be held and deemed a misdemeanor for which such treasurer may be indicted and tried in the court of quarter sessions) of the proper city or county; and upon conviction thereof, such treasurer shall be punished by fine of not less than the amount so misapplied, and by imprisonment in the jail of the proper city or county for not less than three months, nor more than one year : Provided, That prosecutions, for all offences under this act, shall be commenced within six years irom the time when such offence was committed. Sec. 1, Act of May 16, 1857, P. L. 535, No. 591. This section is repealed as to township treasurers by the Act of July 14, 1917, P. L. 963. 409. MAY BE REMOVED OR REQUIRED TO GIVE ADDI- TIONAL SECURITY. If the commissioners of a:ny county shall believe the county treasurer is embezzling, wasting, using or im- properly managing the public moneys committed to his charge, or that from the insufficiency of his security, the public interests are likely to suffer, it shall be lawful for said commissioners to petition the court of quarter sessions of the proper county, setting forth the facts complained of, and if said court shall believe said complaint well founded, it shall make such order for the removal of such treas- urer, or require additional security, as to said court shall appear just and proper in the premises. Sec. 6, Act of May 27, 1841, P. L. 400. (f) Solicitor. 410. APPOINTMENT. QUALIFICATIONS. .The county commissioners of the several counties within this Commonwealth shall constitute a board, a majority of whom shall have authority to appoint a county solicitor who shall be an attorney at law, admitted and qualified to practice in the courts of this Commonwealth. Sec. 1, Act of May 22, 1895, P. L. 101. No. 75. 411. TERM. COMPENSATION. FEES AND COMMIS- SIONS TO BE PAID INTq TREASURY. The solicitor so ap- pointed shall hold his office during the term of the commissioners constituting said board, and shall receive such compensation as the commissioners may determine: Provided, That he shall before en- tering upon the duties of his office file with the county commissioners 207 an agreement to pay all fees, attorney's fees and commissions, re- ceived from every source, as county solicitor, into the county treas- ury. Sec. 1, Act of March S, 1903, P. L. 11, No. 11, amending Sec. 2, Act of May 22, 1895, P. L. 101, No. 75. 412. DUTIES. He shall commence and prosecute all and every suit and suits brought or to be brought by the county, wherein or whereby any of the rights, privileges, properties, claims or demands of the county are involved, as well as defend all actions or suits brought against the county and shall perform all duties now en- joined by law upon county solicitors and shall do all and every pro- fessional act, incident to the office, which may be required of him by the officers named in said board. Sec. 3, Act of May 22, 1895, P. L. 101, No. 75. 413. STENOGRAPHER IN COUNTIES BETWEEN 500,000 AND 250,000. EMPLOYMENT. COMPENSATION. The county solicitor of any county which shall have less than five hundred thousand inhabitants, and more than two hundred and fifty thousand inhabitants, may employ a stenographer as an assistant in his office, ,at a salary not to exceed the sum of four hundred and eighty dollars per year, to be paid in the same manner that other county officers are paid : Provided, That the commissioners of the county shall consent to such employment. Sec. 1, Act of March 7, 1907, P. L. 7, No. 6. (g) Engineer. 414. APPOINTMENT. TERM. COMPENSATION. In all counties the county commissioners may appoint a competent civil en- gineer, who shall be styled the county engineer. Such engineer shall serve for a term of four years, and shall receive such compensation as the county commissioners shall fix. Sec. 1, Act of May 8, 1919, P. L. 163. 415. DUTIES. The county engineer so appointed shall prepare plans, specifications, and estimates of all engineering work under- taken by such countyy and shall, whenever required, furnish the com- missioners with reports, information, or estimates on any such work, and, in general, shall perform all such duties with reference to any county engineering work as the county commissioners may, from time to time, prescribe. Sec. 2, Act of May 8, 1919, P. L. 163. 208 (h) Coroner. NOTE: There is no Act of Assembly defining the powers and duties of the coroner with respect to the holding of inquests on dead bodies. For these functions it is necessary to go back to the Act of 4 Edw. I, enacted in 1276, which according to the report of the justices of the Supreme Court in 1808 is still in force in Pennsylvania. Pickett v. County of Erie, 19 W. N. C, 61. This old act, however, is long and cumbersome; and it is not believed that any useful object can be served in reprinting it here. 416. TO DELIVER COMMISSION TO RECORDER OF DEEDS FOR RECORD. It shall be the duty of every sheriff and of every coroner, immediately after receiving his commission from the Governor, to deliver the same to the Recorder of Deeds of the county, by whom the same shall be recorded, at the expense of such sheriff or coroner. Sec. 72, Act of April IS, 1834, P. L. 537. 417. NOT TO EXERCISE OFFICE UNTIL COMMISSION GRANTED AND RECORDED. PENALTY. No person elected or appointed to the office of sheriff or coroner, shall presume to exe- cute any of the duties of such office, before a commission shall have been duly granted to him, and left for record as hereinbefore pro- vided, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of Quarter Sessions of the county: Provided, That such person shall nevertheless be liable to any person injured by any acts done by him under color of such office. Sec. 73, Act of April 15, 1834, P. L. 537. 418. ABSCONDING, OFFICE TO BE VACANT. Whenever any sheriff or coroner of any of the counties of this Commonwealth, shall notoriously abscond from the county, or the city and county, for which he was elected sheriff or coroner, and thereby fail to per- form the duties enjoined upon him by law, the office of such sheriff or coroner so notoriously absconding, shall be deemed and held vacant to all intents and purposes. Sec. 1, Act of March 24, 1846, P. L. 165. 419. TO INVESTIGATE FACTS OF DEATHS OF SUS- PICIOUS NATURE. AUTOPSY. It shall be the duty of the cor- oner and the deputy coroner of any county in this Commonwealth in all cases where the cause of death is of a suspicious nature and char- acter, to cause an investigation of the facts concerning said death, and to malse or cause to be made such an autopsy as the facts of the case may demand, by such official. Sec. 1, Act of April 16, 1907, P. L. 92, No. 78. 209 420. CASES OF SUDDEN DEATH NOT OF A SUSPICIOUS NATURE. In all cases of sudden death, where the cause is not sur- rounded by any suspicious circumstances, the body of the deceased shall be sent immediately by the police or health authorities, if the death shall occur away from the home or residence of the deceased, to the same, or to such relatives or friends who may claim the body ; or, in absence of any knowledge as to the person, his or her home, resi- dence, relatives or friends, the health board or police authorities of any county, city, borough or township shall take possession of such body, and keep the same in such place as may be provided by said authorities, for the purpose of remaining for a limited time for identi- fication; and any effects found on the body shall be handed over by said ^police or health authorities to the coroner, and by that official given to those legally entitled to the same : Provided, That nothing in this section shall interfere with the right of the coroner to investi- gate the facts or causes of said death. Sec. 2, Act of April 16, 1907, P. L. 92, No. 78. 421. WHEN NO INQUEST NECESSARY, CERTIFICATE AND RETURN. FEES AND MILEAGE. Whenever the coroner shall have been called and views a dead body and decides that no in- quest is necessary, he shall certify and return this fact as inquests are now returned; and for such services he shall receive the same fee and mileage as is now allowed by law for such view when fol- lowed by an inquest ; said fee and mileage to be paid as provided by law where an inquest is held. Sec. 1, Act of March 30, 1897, P. L. 8, No. 6. 422. NUMBER OF JURORS FOR INQUEST, From and after the passage of this act, the number of jurors summoned by coroners and justices of the peace in cases of inquest upon the bodies of de- ceased persons as now required to be held by law, shall not be more than six to attend any one inquest. Sec. 1, Act of May 16, 1857, P. L. 536, No. 592. 423. FEE AND MILEAGE OF PERSON SUBPOENAED TO ATTEND INQUEST. Each person attending a coroner's inquest in answer to a subpoena shall be entitled to' a fee of one dollar for each day of attendance, and mileage at the rate of three cents for every mile, circular, actually traveled in attending such inquest. Sec. 1, Act of May 18, 1917, P. L. 240, No. 132. 424. CERTIFICATE OF AMOUNT, ETC., DUE WITNESS. PAYMENT. The coroner shall certify, with his report, the name of each witness, the time such witness attended any inquest, and the 14 210 amount of fees and mileage such witness is entitled to receive. On confirmation of the report by the court of quarter sessions, the county commissioners shall draw warrants upon the county treasury for the payment of such fees and mileage. Sec. 2, Act of May 18, 1917, P. L. 240, No. 132. 425. ESTABLISHMENT OF COUNTY MORGUES. PUR- POSE. POWERS AND DUTIES OF CORONER. GOVERN- MENT. ATTENDANTS. AMBULANCE. DISPOSITION OF PERSONAL PROPERTY OF DECEASED PERSONS. First. The county commissioners of each and every county in this Com- monwealth shall be and they are hereby authorized and empowered upon presentment of two successive grand juries of the county, to buy or rent real estate and erect and maintain a morgue thereon, at the expense of such county, for the reception and care of the bodies of all unclaimed, deceased persons upon whom it may be necessary to hold a coroner's inquest, and such other bodies as the coroner of such county may, by written order, direct to be received therein. The location of such morgue to be approved by the county commissioners, and a judge of the court of common pleas of such county, and the coroner of such county. Whenever any county shall contain more than one city of the secqnd class, the said county commissioners of such county may establish a morgue in each city of the second class embraced within the limits of such county, as aforesaid. Second. Whenever a dead body may be found in any public place, or the body of any deceased person who is unknown shall be found within such county, the said body shall be removed to the morgue so established. Third. The coroner of each county in which a morgue or morgues may be established under this act, shall make general rules and regu- lations for its government and control ; and shall appoint suitable per- sons, not exceeding three in number, for each morgue so established, to have charge of the same, and who shall be removable at the pleas- ure of the coroner; and the nuniber of such persons, and the salary of such person, shall be fixed by the county commissioners (or salary board if such board exists), and payable out of the general funds of the county. Fourth. All bodies received at said morgue or morgues shall, if the coroner deems it necessary, be properly embalmed or prepared for preservation for such length of time as he may think proper (and shall be subjected to examination and inspection by such persons as he may in writing, authorize to view the same, or who may be ad- mitted in his presence), and said body or bodies shall be removed for burial only upon his certificate. 211 Fifth. The county commissioners, where any such morgue shall have been established, shall purchase and maintain an ambulance with one or more horses for the removal of bodies to and from said morgue, and for the burial of unknown or unclaimed bodies, the cost of maintaining which shall be paid out of the funds of said county. Sixth. That all clothing and personal property of deceased per- sons received in such morgue, who are unknown or unclainied, shall be retained at said morgue under charge of the coroner for the period of one year, unless sooner claimed by the legal representatives of the deceased, and at the end of one year may be sold at public sale, after advertisement by publication in one or more newspapers in said county once a week for three weeks, and by not less than six hand- bills posted in the neighborhood of said morgue. Seventh. The proceeds of all sales of personal property, as pro- vided in this act, shall be paid into the county treasury of the proper county upon the first day of each month, of which the coroner of the county shall make report in writing, under oath, at the time of said payment. Sec. 1, Act of April 18, 1899, P. L. 52, amending Sec. 1, Act of June 12, 1893, P. L. 457, No. 327. 426. WHERE NO MORGUE OWNED AND MAINTAINED BY COUNTY, CORONER MAY USE PRIVATE MORGUE. In counties of this Commonwealth, where there shall be no morgue owned or maintained by the county, the coroner may remove or cause to be removed all dead bodies that may be found in any public place, or the body of any unknown deceased person found within the county, or the body of any other deceased person on which it may be neces- sary to hold a post-mortem or inquest, to any private morgue within the county, as to him may seem most convenient for the purpose of holding such post-mortem or inquest. Sec. 1, Act of June 8, 1911, P. L. 717, No: 288. 427. COMPENSATION FOR USE OF PRIVATE MORGUE TO BE FIXED BY SALARY BOARD. For the use of any private morgue for post-mortems or inquests, the owner thereof shall be en- titled to receive as coippensation a sum to be fixed by the Salary, Board of the proper county, to be paid in the same manner that the fees of coroner's jurors are now paid. Sec. 2, Act of June 8, 1911, P. L. 717, No. 288. 428. APPOINTMENT OF DEPUTIES. From and after the passage of this act, the regularly elected and duly qualified coroner m counties of this commonwealth may appoint one or more deputies to act in his place and stead as he may deem proper and necessary. Sec. 1, Act of June 6, 1893, P. L. 330, No. 269. 212 429. POWERS OF DEPUTIES. Such deputy or deputies, so appointed, shall have like power to view dead bodies, to hold inquests, to select, summon, and compel the attendance of jurors and witnesses, and to administer oaths. Sec. 1, Act of July 18, 1917, P. L. 1084, amending Sec. 2, Act of June 6, 1893, P. L. 330, No. 269. 430. WHEN JUSTICE OF THE PEACE MAY HOLD IN- QUEST. In all cases where by law the coroner of any county is re- quired to hold an inquest over a dead body, it shall be lawful for a justice of the peace of the proper county to hold the same where there is no lawfully appointed coroner, or he is absent from the county, un- able to attend, or his office is held more than ten miles distant from the place where the death occurred or the body found, and said jus- tice shall have like power to select, summon and compel the attend- ance of jurors and witnesses, and shall receive like fees and tax like costs, and the inquest shall have like force and effect, in law: Pro- vided, That no fees or costs shall be allowed or paid said justice or in- quest, until the proceedings are submitted to the court of quarter ses- sions of the proper county, and said court shall adjudge that there was reasonable cause for holding said inquest, and approve of the same. Sec. IS, Act of May 27, 1841, P. L. 400. 431. IN COUNTIES LESS THAN 50,000 POPULATION. PRESIDENT JUDGE TO FIX COMPENSATION OF SUR- GEON ASSISTING AT POST MORTEM. In all cases hereafter, in counties having a population of not more than fifty thousand in- habitants, when an inquest shall be had on the body of a deceased person, and it shall be deemed necessary by the coroner to call upon a physician or a surgeon to make a post mortem examination, the compensation to be paid by the county to such surgeon or physician for such services shall, in all cases, be fixed by the president judge of the courts of the said county where the said inquest is held. Sec. 1, Act of July 22, 1919, P. L. 1113. 432. TO ACT AS SHERIFF IN CASE OF VACANCY. If any sherifif shall be legally removed from his office, or shall die before the expiration of the term for which he shall have been commissioned, the coroner of the same county shall execute the office of sheriff, and perform all things thereunto appertaining, until another sheriff shall be duly commissioned, and notice thereof given to such coroner. Sec. 75, Act of April IS, 1834, P. L. 537. 213 (i) Sheriff. 433. TO DELIVER COMMISSION TO RECORDER OF DEEDS FOR RECORD. It shall be the duty of every sheriff and of every coroner, immediately after receiving his commission from the Governor, to deliver the same to the Recorder of Deeds of the county, by whom the same shall be recorded, at the expense of such sheriff or coroner. Sec. 72, Act of April IS, 1834, P. L. S37. 434. NOT TO EXERCISE OFFICE UNTIL COMMISSION GRANTED AND RECORDED. PENALTY. No person elected or appointed to the office of sheriff or coroner, shall presume to exe- cute any of the duties of such office, before a commission shall have been duly granted to him, and left for record as hereinbefore pro- vided, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of Quarter Sessions of the county: Provided, That such person shall nevertheless be liable to any person injured by any acts done by him under color of such office. Sec. 73, Act of April IS, 1834, P. L. 537. 435. ABSCONDING. OFFICE TO BE VACANT. Whenever any sheriff or coroner of any of the counties of this commonwealth, shall notoriously abscond from the county, or the city and county, for which he was elected sheriff or coroner, and thereby fail to perform the duties enjoined upon him by law, the office of such sheriff or coroner so notoriously absconding, shall be deemed and held vacant to all intents and purposes. Sec. 1, Act of March 24, 1846, P, L. 165. 436. OUTGOING SHERIFF IN COUNTIES WHERE HE IS PAID BY SALARY TO HAND OVER UNEXECUTED WRITS, ETC., TO HIS SUCCESSOR. SUCCESSOR TO EXECUTE SAME. It shall be the duty of every outgoing sheriff in any county where he is paid by salary for his services as such sheriff, to hand over to his successor in office all unfinished and unexecuted writs and process whatsoever, whose duty it shall be to receive and execute the same as if said writs and process had been originally issued and directed to him. Sec. 1, Act of M^rch 18, 187S, P. L. 27, No. 29. 437. TAVERN LICENSE NOT TO BE GRANTED TO SHERIFF NOR TO HOUSE OCCUPIED BY HIM. From and after the passage of this act it shall not be lawful for any court to 214 grant a tavern license to any person holding or exercising the ofiSce of sheriff in this Commonwealth, or to any house occupied by a sheriff: Provided, The said house be situate in the county town: And Provided further, That the provisions of this section shall not apply to the counties of Mifflin, Juniata, Clearfield, Luzerne and Montgomery. Sec. 44, Act of March 25, 1842, P. L. 192. Indiana County was also removed from the operation of this section by the Act of March 17, 1843, P. L. 379. 438. CHIEF DEPUTY. APPOINTMENT. REMOVAL. DUTIES. It shall be lawful for and it is hereby made the duty of the sheriff of each and every county in this Commonwealth to ap- point, by deed duly recorded in the office for recording deeds in such county, a chief deputy, whose appointment shall be revocable at pleas- ure on recording in said office a written revocation thereof, and, when- ever the sheriff shall be temporarily unable by reason of sickness, or any other sufficient cause, to perform his duties in person, such chief deputy, upon an order of the court of common pleas first made for that purpose, shall have full power and authority, during such in- capacity of the sheriff, to take charge of such office, and to execute and make returns of all writs and other processes directed to the sheriff, and to perform all other duties incumbent upon the sheriff, with like effect in law as if such official acts had been done by the sheriff in person : Provided, That nothing in this act shall operate to relieve the sheriff or his sureties from liability upon their official bonds to the Commonwealth, but such liability shall continue as here- tofore. Sec. 1, Act of May 24, 1887, P. L. 185, No. 126. 439. IN COUNTIES OVER 500,000 POPULATION, REAL ES- TATE DEPUTY TO BE APPOINTED CHIEF DEPUTY. SALARY. In all counties containing more than five hundred thou- sand inhabitants, the person acting as real estate deputy shall be ap- pointed cfiief deputy and his salary shall be six thousand dollars per annum, payable in the same manner as the salaries of the other deputies of the sheriff are now paid. Sec. 2, Act of May 24, 1887, P. L. 185, No. 126. 440. WHEN REQUIRED TO ACT IN PERSON, SHERIFF MAY DO SO BY DEPUTY. From and after the passage of this act, in all cases in which the sheriff of any county in this Common- wealth is or shall be required by existing laws to act in person, under any writ of inquisition, condemnation, inquiry of damages, lunacy or habitual drunkard proceedings, partition proceedings, or by virtue of 215 any other writ or process issued by the courts of this Commonwealth, the said sheriff may act either in person or by a regularly appointed deputy sheriff. Sec. 1, Act of May 17, 1917, P. L. 237, No. 129. 441. SPECIAL DEPUTIES. ETC., TO BE CITIZENS OF COMMONWEALTH. No sheriff of a county, [mayor of a city, or other person] authorized by law to appoint special deputies, marshals or pohcemen in this Commonwealth to preserve the public peace and prevent or quell public disturbances, [and no individuals, association, company or corporation incorporated under the laws of this state or of any other state of the United States, and doing business in this state,] shall hereafter appoint or employ as such special deputy, mar- shal or policeman, any person who shall not be a citizen of this com- monwealth. Sec. 1, Act of May 29, 1893, P. L. 174. 442. PENALTY. Any person [or persons, company or associa- tion, or any person in the employ of such company or association,] violating any of the provisions of this act, shall be guilty of a misde- meanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars or undergo an imprisonment not exceeding one year, or both, or either, at the discretion of the court : [Provided, That if any company or association be convicted under this act it shall be sentenced to pay a fine not exceeding five thousand dollars: Provided further. That the provisions of this act shall not be construed as applying to policemen, constables or specials ap- pointed by municipalities for municipal purposes.] Sec. 3, Act of May 29, 1893, P. L. 174. 443. IN COUNTIES COEXTENSIVE WITH CITIES OF THE FIRST CLASS. UNLAWFUL TO APPOINT DEPUTIES TO ACT AT ELECTION POLLS. It shall not be lawful, on and after the passage of this act, for the sheriff of any county coextensive in boundaries with ^ny city of the first class to appoint any deputies to be present and act as such, for preserving the peace or for any other purpose, at any election polls within said cities of the first class. Sec. 1, Act of March 24, 1877, P. L. 36, No. 30. (j) District Attorney. 1. Assistants and Substitutes. 444. APPOINTMENT AND SALARIES OF ASSISTANTS IN COUNTIES OVER 1,500,000 POPULATION. In every county of this Commonwealth having over one million five hundred thousand inhabitants, the district attorney shall have the power to appoint 216 one or more assistants learned in the law, not exceeding fourteen in number, to assist him in the discharge of his duties. One of said as- sistant district attorneys shall receive a salary of seven thousand five hundred dollars per annum; two of said assistant district attorneys shall receive salaries of six thousand dollars per annum each; four of said assistant district attorneys shall receive salaries of five thou- sand dollars per annum each ; four of said assistant district attorneys shall receive salaries of four thousand dollars per annum each ; and three of said assistant district attorneys shall receive salaries of three thousand dollars per annum each. In the event of the appointment of a less number of assistants, than fourteen, the district attorney shall have the power to determine in which class, as to salaries, the appointee or appointees shall be placed. Said salaries shall be paid out of the county treasury. Sec. 1, Act of June 3, 1919, P. L. 370. 445. DESIGNATION OF FIRST ASSISTANT. POWERS AND DUTIES. The district attorney shall have the power to desig- nate and appoint one of the assistant district attorneys, herein pro- vided for, as his first assistant, who shall, in the absence of the dis- trict attorney from the jurisdiction or during his disability to per- form the duties of his office through sickness or other cause, be vested with all the duties, powers, and privileges now given by law to the district attorney, and generally, at such times, be empowered to do and perform all things in connection with his office which the district attorney may by law be entitled to do or perform. Sec. 2, Act of June 3, 1919, P. L. 370. 446. APPOINTMENT AND SALARIES OF ASSISTANTS IN COUNTIES BETWEEN 1,500,000 AND 1,000,000. In every county of this Commonwealth having a population of over one million and less than one million five hundred thousand inhabitants, the district attorney shall have authority to appoint one or more assistants learned in the law, not exceeding ten in number, to assist the district attorney in the discharge of his duties. One of said assistant district attorneys, who shall be designated as the first assistant, shall receive a salary of six thousand dollars per annum. One of the said assistant district attorneys, who shall be designated as the second assistant, shall receive a salary of five thousand dollars per annum. One of the said assistant district attorneys, who shall be designated as the third assistant, shall receive a salary of forty-five hundred dollars per annum. One of said assistant district attorneys, who shall be desig- nated as the fourth assistant, shall receive a salary of thirty-nine hundred dollars per annum. Of the other six assistant district at- torneys, four shall receive a salary of thirty-two hundred dollars per 217 annum each, and two shall receive a salary of twenty-seven hundred dollars per annum each. The salaries herein provided shall be paid out of the county treasury. Sec. 1, Act of April 2, 1919, P. L. 33. 447. SELECTION OF FIRST ASSISTANT DISTRICT AT- TORNEY IN COUNTIES BETWEEN 1,500,00 AND 1,000,000 POPULATION. POWERS AND DUTIES. SALARY. In all ' counties of this Commonwealth having over one million inhabitants, the district attorney shall appoint, from the number of his assistants, allowed by law, one of said assistants as his first assistant, who shall, in the absence of the district attorney from the jurisdiction, or who is unable to perform the duties of the office through sickness, be vested with all the duties, powers, and privileges now given by law to the district attorney, and for his services shall receive an annual salary of seven thousand five hundred dollars, said salary to be paid out of the county treasury. Sec. 1, Act of May 1, 1909, P. L. 308. For appointment of assistants see preceding section. Supplied in counties over 1,500,000 population by Sec. 445 abore. The salary of the first assistant is fixed at $6,000 by the Act of April 2, 1919, P. L. 33 (preceding seection). 448. APPOINTMENT AND SALARIES OF ASSISTANTS IN COUNTIES BETWEEN 1,000,000 AND 750,000. In all counties of this Commonwealth having seven hundred and fifty thousand, and less than one million two hundred thousand inhabitants, the district attorneys shall have authority, to appoint one or more assistants, learned in the law, not exceeding eight (8) in number to assist the district attorney in the discharge of his duties. One of said assist- ant district attorneys, who shall be designated as the first assistant shall receive a salary of six thousand dollars ($6,000) per annum ; one cf the said assistant district attorneys, who shall be designatd as the second assistant, shall receive a salary of five thousand dollars ($5,000) per annum. One of the said assistant district attorneys, who shall be designated as third assistant, shall receive a salary of forty-five hundred dollars, ($4,500) per annum ; one of said assistant district attorneys, who shall be designated as fourth assistant, shall receive a salary of thirty-nine hundred dollars ($3,900) per annum ; and each of the other four assistant district attorneys shall receive a salary of twenty-seven hundred dollars ($2,700) per annum. The salaries herein provided shall be paid out of the county treas- ury. Sec. 1, Act of May 6, 1909, P. L. 456, amending Sec. 1, Act of April 25, 1907, P. L. 121, No. 97. Supplied as to counties over 1,000,000 by Sec. 1, Act of April 2, 1919, P. L. 33 (Sec. 446 above). 218 449. APPOINTMENT AND COMPENSATION OF ASSIST- ANTS IN COUNTIES BETWEEN 750,000 AND 90,000 POPU- LATION. In all counties of this Commonwealth having a popula- tion of more than ninety thousand and less than one hundred fifty- thousand inhabitants, the district attorneys shall have authority to appoint, with the consent of the president judge of the court of quar- ter sessions of the county, two assistant district attorneys, who shall receive such compensation, not to exceed two thousand dollars per annum each, as shall be fixed by the president judge of the court of quarter sessions of the county. In all counties having a population of one hundred and fifty thousand and more but less than two hun- dred thousand inhabitants, the district attorney shall have authority to appoint a first assistant district attorney, at a salary of three thou- sand dollars per annum, and a second district attorney, at a salary of two thousand dollars per annum. In all counties having a popula- tion of two hundred thousand and more but less than seven hundred and fifty thousand inhabitants, the district attorney shall have au- thority to appoint a first assistant district attorney, at an apnual salary of three thousand six hundred dollars, a second assistant dis- trict attorney, at an annual salary of three thousand dollars, a third assistant district attorney, at an annual salary of twenty-five hundred dollars, and, with the approval of the president judge of the court of quarter sessions, may appoint a fourth assistant district attorney, at an annual salary not to exceed two thousand dollars. Sec. 1, Act of July 17, 1919, P. L. 995. 450. FIRST ASSISTANT TO ACT AS DISTRICT ATTOR- NEY IN CERTAIN CASES IN COUNTIES BETWEEN 750,000 AND 300,000 POPULATION. From and after the first Monday in January, nineteen hundred and twelve, in all counties of this Com- monwealth having over three hundred thousand and less than seven hundred and fifty thousand inhabitants, [the district attorneys of said counties shall have the authority to appoint one or more assistants, learned in the law, not to exceed four in number, to assist the district attorney in the discharge of his duties. One of said assistants shall be designated the first assistant district attorney, and shall receive a salary of two thousand five hundred dollars per annum, to be paid out of the county treasury. The second and third assistants shall each receive a salary of two thousand two hundred ($2,200.00) dollars per annum ; the fourth assistant shall receive a salary of two thousand ($2,000.00) dollars per annum, to be paid out of the county treasury.] The first assistant district attorney shall, in the absence of the district attorney from the jurisdiction, or when the district attorney is uriable 219 to perform the duties of his office through sickness, be vested with all the duties, powers, and privileges now given by law to the district attorney. Sec. 1, Act of June 10, 1911, P. L. 868. The provisions of this section covering the appointment and com- pensation of assistants are supplied by Sec. 1, Act of July 17, 1919, P. L. 995 (preceding section). 451. APPOINTMENT OF ASSISTANTS IN COUNTIES BE- TWEEN 500,000 AND 250,000 POPULATION. COMPENSA- TION. TERM. In all counties of this Commonwealth having over two hundred and fifty thousand inhabitants and less than five hun- dred thousand inhabitants, the district attorney of each of said coun- ties shall have authority to appoint an assistant or assistants, learned in the law, not exceeding two in number, to assist the district at- torney in the discharge of his duties. The said assistant district at- torney or assistant'district attorneys shall receive the full amount of the salary or salaries now or hereafter provided by law for said of- fice or offices, to be paid monthly or quarterly out .of the county treas- ury, and shall hold his or their office during the term of office of the district attorney appointing him or them, unless removed for cause by the district attorney appointing him or them. Sec. 2, Act of April 11, 1903, P. L. 167. This section is largely supplied by Sec. 1, Act of July 17, 1919, P. L. 995 (Sec. 449 above). 452. APPOINTMENT OF ASSISTANTS IN COUNTIES BE- TWEEN 250,000 AND 150,000 POPULATION. COMPENSA- TION. TERM. In all counties of this Commonwealth, having over one hundred and fifty thousand inhabitants and less than two hun- dred and fifty thousand inhabitants, the district attorney of each of said counties shall have authprity to appoint at least one assistant, learned in the law, who shall be designated as first assistant district attorney, and a second assistant, learned in the law, — when such of- fice is found necessary by the salary board of any of said counties, — who Shall be designated as second assistant district attorney, to assist the district attorney in the discharge of his duties. The said first assistant district attorney, and said second assistant district attorney, in case such office of second assistant district attorney is found neces- sary, as aforesaid, shall receive the full amount of the salaries now or hereafter provided by law for said office or offices to be paid monthly or quarterly out of the county treasury, and shall hold his or their office during the term of office of the district attorney appointing him 220 or them, unless removed for cause by the district attorney appointing him or them. Sec. 1, Act of April 11, 1903, P. L. 167. This section is largely supplied by Sec. 1, Act of July 17, 1919, P. L. 995 (Sec. 449 above). 453. APPOINTMENT OF INDICTMENT AND COST CLERK IN COUNTIES BETWEEN 250,000 AND 150,000 POPU- LATION. TERM. COMPENSATION. From and after the passage of this act, the district attorney of any county having a popu- lation of not less than one hundred and fifty thousand and not more than two hundred and fififty thousand inhabitants, in addition to ap- pointing the_^ assistants authorized by existing legislation, shall have authority to appoint an assistant, learned in the law^, who shall be designated as indictment and cost clerk, to assist the district attorney in the discharge of his duties ; such appointeee to hold office during the term of office of the district attorney appointing him, but the dis- trict attorney may remove such appointee for any cause he deems sufficient, and appqint another person duly qualified to fill the vacancy. Said indittment and cost clerk shall receive a salary of one hundred dollars per month, to be paid in the same manner that other county officers are paid. Sec. 1, Act of April 18, 1919, P. L. 83. 454. APPOINTMENT OF ASSISTANTS IN COUNTIES BE- TWEEN 150,000 AND 90,000 POPULATION. QUALIFICA- TIONS. TERM. DUTIE^. COMPENSATION. In all coun- ties whose population is bvery ninety thousand and does not exceed one hundred and fifty thousand, the district attorney may appoint, from the members of the bar of the respective county, with the con- sent and approval of the president judge of the court of quarter ses- sions of said county, an assistant district attorney, or assistant dis- trict attorneys, not exceeding two in number, who has or have been admitted to the bar at least one year, and who shall have resided in the county for which he or they are appointed three years next pre- ceding his or their appointment, for such part of his term as he may see fit, who shall assist him in the duties of his office, and who severally shall receive such compensation as shall be fixed by the president judge of the court of quarter sessions of the proper county; providing the same shall not exceed one thousand five hundred dol- lars each, in any one year. ^ _ Sec. 3, Act of April 17, 1905, P. L. 170. This section is largely supplied by Sec. 1, Act of July 17, 1919, P. L 995, (Sec. 449 above.) 221 455. APPOINTMENT OF ASSISTANT IN CERTAIN CASES WHERE NO PROVISION HAS BEEN MADE. QUALIFICA- TION. DUTIES. COMPENSATION. The district attorney of any county of this Commonwealth wherein no assistant district at- torney is provided by existing law, is hereby authorized, with the approval of the president judge of the court of quarter sessions of the proper county, to appoint an assistant attorney, learned in the law, to aid in the preparation and trial of any indictment for homicide or murder, on behalf of the Commonwealth ; and such assistant shall be entitled, as compensation for his services in that behalf, to such sum, not exceeding four hundred dollars, as may be approved and recom- mended by the judge presiding at the trial ; to be paid out of the treas- ury of the county in which the homicide occurred. Sec. 1, Act of March 18, 1909, P. L. 44, No. 26. 456. APPOINTMENT OF A DEPUTY FOR ONE TERM OF COURT. If, in case of sickness, or from any other cause, the dis- trict attorney shall be unable to attend to the duties and business of the term of a court, he shall have authority to appoint some com- petent attorney of the county, with the approbation of the court, to act as his deputy for one term, but for no longer period. Sec. 7, Act of May 3, 1850, P. L. 654. This need, of course, not be done where there is a regular assistant district attorney in office. 457. COURT MAY APPOINT A DISTRICT ATTORNEY FOR THE TIME BEING. It shall be the duty of the court of quar- ter Sessions of any county, to appoint a district attorney for the time being, in all cases where the district attorney shall be absent from the court ; which person so appointed, shall perform all the duties of the office, until the regular district attorney shall appear in person to per- form the same. Sec. 1, Act of April 26, 1855, P. L. 308, No. 321. It is not likely that this section has any operation where there is an assistant district attorney who can act. 458. PRIVATE COUNCIL MAY BE GIVEN POWERS OF DISTRICT ATTORNEY. If any district attorney within this com- monwealth shall neglect or refuse to prosecute, in due form of law, any criminal charge, regularly returned to him, or to the court of the proper county ; or if, at any stage of the proceedings, the district at- torney of the proper county and the private counsel employed by the prosecutor should differ as to the manner of conducting the trial, it shall be lawful for the prosecutor to present his or her petition to the court of the proper county, setting forth the character of the com.- 222 plaint, and verify the same by affidavit ; whereupon, if the court shall be of the opinion that it is a proper case for a criminal proceeding or prosecution, it shall be lawful for it to direct any private counsel em- ployed by such prosecutor to conduct the entife proceeding, and where an indictment is necessary to verify the same by his own signa- ture, as fully as the same could be done by the district attorney ; and this act shall apply to all criminal proceedings heretofore commenced and still pending, as well as to those which shall be instituted here- after. ^ Sec. 1, Act of March 12, 1866, P. L. 85. This section is not affected by the adoption of the Constitution of 1873, making the office of district attorney a constitutional office. Comm. V. McHale, 97 Pa. 397. 459. MISCONDUCT OF DISTRICT ATTORNEY. PEN- ALTY. VACANCY IN OFFICE. PROCEDURE, If any dis- trict attorney shall wilfully and corruptly demand, take or receive any other fee or reward, than such as is prescribed by law, for any official duties required by law to be executed by him in any criminal proceed- ing; or if such district attorney shall be guilty of wilful and gross negligence in the execution of the duties of his office, he shall be guilty of a misdemeanor in office, and on conviction thereof, be sen- tenced to pay a fine not exceeding one thousand dollars and to under- go an imprisonment not exceeding one year, and his said office shall be declared vacant. Upon complaint in writing, verified bythe oath or affirmation of the party aggrieved, made to the court in which any district attorney shall prosecute the pleas of the commonwealth, charging such district attorney with wilful and gross negligence in the execution of the duties of his office, the said court shall cause notice of such complaint to be given to the said district attorney, and of the time fixed by the said court for the hearing of the same. If, upon such hearing, the court shall be of opinion that there is prob- able cause for the said complaint, they shall hand over or commit the said district attorney to answer the same in due course of law. If the court shall be of opinion that there is no probable cause for such com- plaint, they shall dismiss the same with reasonable costs, to be as- sessed by the court. Sec. 17, Act of March 31, 1860, P. L. 382. 460. DISTRICT ATTORNEY CHARGED WITH CRIME, COURT TO APPOINT PROSECUTING ATTORNEY. COM- PENSATION. VACANCY IN CASE OF CONVICTION. If any district attorney shall be charged according to law, with any crime or misdemeanor, before, or boun^ over or committed by any court, to answer for wilful and gross negligence in the execution of the 223 duties of his office, it shall be the duty of the court to appoint some competent attorney thereof, to prepare an indictment, against such district attorney, and to prosecute the same on behalf of the com- monwealth, until final judgment; to whom a reasonable compensa- tion, to be fixed by the court, shall be paid for his services, out of the county treasury. If such district attorney shall be convicted of any crime, for which he may be sentenced to imprisonment, by sep- arate or solitary confinement at labor, in addition thereto, his said of- fice shall be declared vacant by the court passing such sentence. Sec. 18, Act of March 31, 1860, P. L. 382. 461. APPOINTMENT OF A STENOGRAPHER IN COUN- TIES BETWEEN 250,000 AND 100,000 POPULATION. SALARY. From and after the passage of this act, the district at- torney of any coimty which shall have less than two hundred and fifty thousand inhabitants and more than one hundred thousand in- habitants, may employ a stenographer as an assistant in his office, at a salary not to exceed the sum. of sixteen hundred dollars per year; to be paid in the same manner that other couiity officers are paid. Sec. 1, Act of June 4, 1919, P. L. 383, amending Sec. 1, Act of April 27, 1909, P. L. 2S8, No. 166, as amended by Sec. 1, Act of June 4, 191S, P. L. 807, No. 356. 2. Detectives. 462. IN COUNTIES OVER 1,500,000 POPULATION. AP- POINTMENT, POWERS AND DUTIES OF CHIEF, ASSIST- ANT CHIEF AND SPECIAL COUNTY DETECTIVES. In each and every county of this Commonwealth having a population of over one million five hundred thousand inhabitants the district attorney may appoint a chief county detective, an assistant chief county de- tective, and special county detectives not exceeding fourteen in num- ber, whose duties it shall be to investigate and make report to the district attorney as to the conduct in office of justices of the peace, constables, deputy constables, and other officers connected with the administration of criminal justice; to make such investigation and endeavor to obtain such evidence as may be required by the district attorney in any criminal case ; and perform such other duties as the district attorney may direct. Said detectives shall be general police officers, and shall have all powers now conferred on constables by existing laws of this Commonwealth so far as they relate to crime or criminal procedure. Sec. 1, Act of June 3, 1919, P. L. 369. /, 224 463. SALARIES AND TRAVELING EXPENSES. PAY- MENT. The said chief county detective shall receive a salary of four thousand ($4,000) dollars per annum, the said assistant chief county detective shall receive a salary of three thousand ($3,000) dol- lars per annum, and the special county detectives shall receive a salary of one hundred seventy-five ($175) dollars per month each, to- gether with all necessary traveling expenses ; which said salary and expenses, having been verified by affidavit of the chief county detec- tive, assistant chief county detective, or special county detective, in- curring the same, and approved by the district attorney, shall be paid out of the treasury of the county on a certificate issued by the district attorney, directed to the controller of the county, who shall order warrants for said amounts according to law. Sec. 2, Act of June 3, 1919, P. L. 369. 464. IN COUNTIES BETWEEN 1,500,000 AND 1,000,000. AP- POINTMENT, POWERS AND DUTIES OF CHIEF, ASSIST- :A.NT chief AND SPECIAL DETECTIVES. In each and every county of this Commonwealth having a population of over one mil- lion and less than one million five hundred thousand inhabitants, the district attorney may appoint a chief county detective, an assistant chief county detective, and special county detectives not exceeeding twenty-four in number, whose duties it shall be to serve subpoenas in cases in which the Commonwealth is a party in a court of record; to investigate and make report to the district attorney as to the conduct in office of justices of the peace, constables, deputy constables, and other officers connected with the administration of criminal justices ; to make such investigation and endeavor to obtain such evidence as may be required by the district attorney in any criminal case; and perform such other duties as the district attorney may direct. Said detectives shall be general police officers, and shall have all powers now conferred on constables by existing laws of this Commonwealth so far as they relate to crimes or criminal procedure. Sec. 1, Act of April 2, 1919, P. L. 31. 465. SUBJECT TO ORDERS OF DISTRICT ATTORNEY. REMOVALS. VACANCIES. SALARIES. TRAVELING EX- PENSES. PAYMENT. Said chief county detective, assistant chief county detective, and special county detective shall, at all times, be subject to the orders of the district attorney, who may remove them, or any of them, at his pleasure, filling vacancies so created as may be deemed necessary. Said chief county detective, assistant chief county detective, and special county detectives shall not be entitled to receive any fees whatsoever, but the chief county detective shall receive a salary of four thousand ($4,000.00) dollars per annum, the 225 assistant chief county detective shall receive a salary of three thou- sand ($3,000.00) dollars per annum, and the special county detectives shall receive a salary of one hundred seventy-five ($175.00) dollars per month each, together with all necessary traveling expenses; ■which said salary and expenses, having beeii verified by affidavit of the chief county detective, assistant chief county detective, or special county detective, incurring the same, and approved by the district at- torney, shall be paid out of the treasury of the county on a certificate, issued by the district attorney, directed to the controller of the county, who shall order warrants for said amounts according to law. Sec. 2, Act of April 2, 1919, P. L. 31. 466. APPOINTMENT OF SPECIAL DETECTIVES BY DIS- TRICT ATTORNEY IN COUNTIES BETWEEN 1,000,000 AND 500,000 POPULATION. DUTIES. The district attorneys of the several counties of this Commonwealth, having a population of five hundred thousand and less than one million, may appoint an officer as a special detective, and assistant officers as assistant special detec- tives, not exceeding fifteen in number, in connection with their said offices, whose duties it shall be to assist in obtaining such evidence as shall be directed by the district attorneys, for the Commonwealth, in all criminal cases, and perform such other duties, within the scope of their powers as hereinafter defined, as may be directed by the said district attorney. iSec. 1, Act of June 7, 1907, P. L. 459, amending Sec. 1, Act of March 1, 1905, P. L. 30, No. 10. This act is probably supplied as to counties below 700,000 by the Act of May 8, 1913, P. L. 157, No. 107, Sees. 469 to 473 below. 467. SUBJECT TO ORDERS OF DISTRICT ATTORNEY. REMOVAL. VACANCY. SALARIES AND EXPENSES. PAYMENT. The said special detective and assistant special detec- tives, so appointed, shall be subject to the orders of the district at- torneys of the respective counties of the Commonwealth, and may be removed by them ; and the said district attorneys may fill the va- cancies so created by such removal or removals. Said special detec- tive and assistant special detectives shall be entitled to receive no fees whatever; but said special detective shall receive a salary of three thousand dollars per annum, and the assistant special detectives shall receive a salary of one hundred and twenty-five dollars per month each, together with all necessary traveling expenses ; which said ex- penses shall be verified by the affidavits of the special detective or as- sistant special detectives incurring the same, and approved by the dis- trict attorneys ; the whole to be paid out of the treasury of the said , 15 226 counties of this Commonwealth, on a certificate issued by the respec- tive district attorneys thereof, to the comptroller of said counties, who shall order warrants for said amounts so certified according to law. Sec. 2, Act of June 7, 1907, P. L. 459, amending Sec. 3, Act of March 1, 190S, P. L. 30, No. 10. 468. TO BE GENERAL POLICE OFFICERS. TO HAVE SAME POWERS AS CONSTABLES IN CRIMINAL MATTERS. The said special detective and assistant special detectives shall be general police officers, and shall have all the powers that are now con- ferred on constables by the existing laws of this Commonwealth, in so far as they relate to crime and criminal procedure. Sec. 2, Act of March 1, 1905, P. L. 30, No. 10. 469. APPOINTMENT OF COUNTY DETECTIVES IN COUNTIES BETWEEN 700,000 AND 250,000 POPULATION. SALARY. In counties containing not less than two hundred fifty thousand, nor more than seven hundred thousand inhabitants, the dis- trict attorney of the proper county shall have the power to appoint certain police officers, to be designated "county detectives," not ex- ceeding four in number, as he shall consider necessary, at an annual salary of eighteen hundred dollars ($1,800.00), in addition to such expenses as are hereinafter provided for, which salary and expenses shall be paid monthly from the funds of the proper county. Sec. 1, Act of April 29, 1915, P. L. 202, amending Sec. 1, Act of May 8, 1913, P. L. 157, No. 107. 470. TERM. REMOVALS. Such, county detectives shall hold their positions during time of the term of the district attorney ap- pointing them, and shall be removable at his discretion. Sec. 2, Act of May 8, 1913, P. L. 157, No. 107. 471. TO HAVE SAME POWERS AS CONSTABLES IN CRIMINAL MATTERS. Such county detectives shall have, possess, and exercise all of the rights and powers conferred by existing law of this Commonwealth upon constables, so far as they relate to crimes and criminal procedure. Sec. 4, Act of May 8, 1913, P. L. 157, No. 107. 472. EXPENSES OF DETECTIVES. The expenses incurred by said county detectives, and payable from the county treasury, .shall include all actual traveling and hotel expenses; and all other incidental expenses, incurred under the direction of the district at- torney, in the investigations of complaints and the discovery, of 227 evidence, the procurement of information, and the employment of such interpreters as may, from the nature of the case, be deemed necessary by the district attorney. Sec. 5, Act of May 8, 1913, P. L. 157, No. 107. 473. EXPENSES TO BE APPROVED BY DISTRICT AT- TORNEY AND AUDITED BY CONTROLLER. Upon the ap- proval by the district attorney of such expense, the same shall be certified to the county controller, who shall audit the same. Sec. 6, Act of May 8, 1913, P. L. 157, No. 107. 474. IN COUNTIES BETWEEN 250,00 AND 150,000 POPU- LATION. APPOINTMENT OF ASSISTANT COUNTY DE- TECTIVE WITH APPROVAL OF QUARTER SESSIONS. DUTIES. In any county containing more than one hundred and fifty thousand and less than two hundred and fifty thousand inhabit- ants, it shall be lawful for the district attorney, with the approval of the court of quarter sessions, whenever said court and district at- torney deem it necessary, to appoint an assistant county detective, whose duty it shall be to assist the county detective in obtaining such evidence for the Commonwealth in all criminal cases as shall be di- rected by the district attorney and the county detective, to perform such other duties as the court may direct. Sec. 1, Act of June 7, 1919, P. L. 437. I 475. COMPENSATION. The county detectives herein provided for shall receive annual salaries, to be fixed by the court, of not less than twelve hundred dollars and not more than twenty-five hundred dollars each, payable out of the county treasury. '; Sec. 2, Act of June 7, 1919, P. L. 437. 476. IN COUNTIES LESS THAN 100,000 POPULATION. APPOINTMENT OF DETECTIVES WITH APPROVAL OF PRESIDENT JUDGE. COMPENSATION. The district attor- I ney of any county having a population of less than one hundred thou- 1, sand inhabitants is authorized, with the approval of the president ' judge of the courts, to employ one or more detectives for the investi- gation of any crimes committed within such county. The compensa- tion of such detective or detectives shall be fixed by the district at- torney, with the approval of the president judge of the court, and shall be paid from the county treasury in the usual manner. Sec. 1, Act of July 7, 1919, P. L. 727. h f "^77. APPOINTMENT OF SPECIAL DETECTIVE WITH APPROVAL OF COURT. DUTIES. It shall be lawful for the district attorney of any county in this commonwealth, with the ap- 228 proval of the court of quarter sessions of the proper county, when- ever said court and district attorney may deem it necessary, to ap- point an officer as a special detective; whose duty it shall be to assist in obtaining such evidence as shall be directed by the district attorney for the commonwealth, in all criminal cases, and perform such other duties as the court may direct. Sec. 1, Act of May 19, 1874, P. L. 218, No. 138. Supplied as to counties between 1,000,000 and 500,000 by Act of June 7, 1907, P. L. 459. 478. TO HAVE SAME POWERS AS CONSTABLES IN CRIMINAL MATTERS. The special detective officer, within the respective counties of this commonwealth, appointed under the act approved May 19th, 1874, entitled "An act to provide for the ap- pointment of a special detective officer in any of the several counties of this commonwealth," (preceding section,) shall be a general police officer, and shall have all the powers that are now conferred on con- stables, by the existing laws of this commonwealth, so far as they re- late to crimes or criminal procedure. Sec. 1, Act of April 13, 1876, P. L. 28. 479. SALARIES OF SPECIAL DETECTIVES FIXED BY THE COURT. WARRANTS TO BE DRAWN BY COUNTY COMMISSIONERS. It shall be lawful for the court of quarter ses- sions of the several counties of this commonwealth, to decide upon the pay of the special detective officers of their respective counties, and fik the same at such sum as, under all the circumstances, they may deem just and proper; and shall direct the clerk of said court to certify the same to the county commissioners, who are hereby di- rected and required to draw their warrant on the treasurer of said county, in favor of said special detective officers for the amount so certified. Sec. 2, Act of April 13, 1876, P. L. 28. (k) Prothonotary and Clerk of Courts. 1. General Provisions. 480. GENERAL POWERS. The prothonotaries and clerks, aforesaid, shall have and exercise, respectively, in the courts to which they severally belong and with full effect in term time and vacation, the powers and authorities following, to wit : They shall have power I. To sign and affix the seal of the respective court to all writs and process, and also to the exemplifications of all records and process therein. 229 II. To take bail in civil actions, depending in the respective court. III. To enter judgments at the instance of plaintiffs, upon the confessions of defendants. IV. To sign all judgments. V. To take the acknowledgment of satisfaction of judgments or decrees entered on the record of the respective court. VI. To administer oaths and affirmations in conducting the busi- ness of their respective offices. Sec n. Act of April 14, 1834, P. L. 333. 4S1. POWER TO ADMINISTER OATHS AND AFFIRMA- TIONS. NEED NOT DO SO WHEN NOT PERTAINING TO BUSINESS OF OFFICE. The prothonotaries and commissioned clerks of courts of this commonwealth shall have a general power to administer oaths and affirmations : Provided, That no prothonotary or clerk shall be compelled to administer the same, in any matter not pertaining to' the proper business of his office. Sec. 1, Act of March 22, 1859, P. L. 194, No. 195. Sec. 2 of this act excludes the city of Philadlephia from its operation. 482. POWER TO ADMINISTER OATHS AND AFFIRMA- TIONS AND TAKE AFFIDAVITS IN DIVORCE. From and after the passage of this act it shall be lawful for [notaries public,] prothonotaries or clerks of the courts to administer oaths or affirma- tions and take affidavits to the petition or libel and all other papers and proceedings concerning divorces. Sec. 1, Act of May 22, 1895, P. L. 105, No. 11. 483. TO BE CLERKS OF MUNICIPAL COURT IN PHILA- DELPHIA. APPOINTMENT OF ASSISTANTS. FEES. DIS- POSITION OF FEES. The prothonotary of the courts of common pleas and the clerk of the court of oyer and terminer and quarter sessions of the peace of said county shall be the clerks of the court hereby created, (Municipal Court, Philadelphia,) and each of said officials shall assume and perform all of the duties of clerks thereof, to the same extent and in the same manner as is now required for the said courts of common pleas and the court of oyer and terminer and quarter sessions of the peace of said county, respectively, or as di- rected by the judges of the said court. All other necessary clerks and assistants required by the said prothonotary, or the said clerk of the court of oyer and terminer and quarter sessions of the peace, on account of the business of the said court, shall be appointed and paid in the same manner as is now provided for clerks in the courts of common pleas and the court of oyer and terminer and quarter ses- sions of the peace of said county, respectively : Provided, That all 230 fees received by the prothonotary of the courts of common pleas and the clerk of the court of oyer and terminer and quarter sessions of the peace of said county, from the business of the Municipal Court, may, as in the case of other fees received by them, be applied to the payment of the salaries of said officers respectively, their clerks and assistants, and any other expenses in connection with the discharge of their duties. The fees to be charged for the business of said court shall be the same as the fees charged for similar services by the prothonotary of the courts of common pleas of Philadelphia County, or the clerk of the court of oyer and terminer and quarter sessions of the peace. Part of Sec. 4, Act of July 12, 1913, P. L. 711. 484. TEMPORARY APPOINTMENTS BY COURTS. EF- FECT. In all cases where prothonotaries or clerks have heretofore been appointed for temporary purposes by the respective courts of the counties, and have performed and done such acts under color of their appointments as are authorized by law to be done, and per- formed by the same officer legally appointed by the Governor, the same shall be held, treated and considered good and valid, to all in- tents and purposes; and in all cases where such appointments now exist, or hereafter, shall be made for such temporary purposes, by the courts as aforesaid, the officer so appointed shall have and possess all the powers and authorities, and do and perform the same duties, receive the same fees and be subject to like penalties and liabilities as though he had been regularly appointed and commissioned by the Gove,rnor of this commonwealth. Sec. 28, Act of April 16, 1838, P. L. 514. 485. PENALTY FOR NEGLECTING TO MAKE OR TO KEEP RECORDS. Any prothonotary, or clerk of court, who shall hereafter neglect to record all such records as the law requires, and to keep arranged and carefully preserved the public records under his care, in manner as directed by the court, shall be guilty of a mis- demeanor in office, and upon conviction of such delinquency in the discharge of his duty, shall be fined in the discretion of the court of quarter sessions of the proper county, in any sum not exceeding five hundred dollars, for the use of the county. Sec. 3, Act of April 19, 18S6, P. L. 458, No. 476. 486. DEMANDING COMPENSATION FOR CERTIFICATE OF SERVICE AS WITNESS. MISDEMEANOR. From and after the first day of June next, no prothonotary or clerk of any court in this Commonwealth, shall demand of any witness any sum for a 23i certificate that he has served as a witness, and if any prothonotary or clerk shall transgress the provisions of this section, he shall be deemed guilty of a misdemeanor in office. Sec. 2, Act of March 16, 1820, P. L. 8S, Ch. 60. 2. Provisions Relating to the Prothonotary. 487. GENERAL DUTIES. A prothonotary or clerk shall be ap- pointed, and commissioned for each of the said courts, (common pleas,) he shall have the custody of the records and seal of the re- spective court, and keep the same at the place of holding such court, and apartments provided, by authority of law, for that purpose. And he shall faithfully perform, under the direction of the court, all the duties appertaining to his office. Sec. 23, Act of April 14, 1834, P. L. 333. The prothonotary, except in Philadelphia, is now an elective office. See Sec. 52 above. 488. PROTHONOTARY OR DEPUTY MAY MAKE CER- TAIN OATHS. Hereafter it shall be lawful for any prothonotary, or in case of his sickness, absence or other temporary disability, for his deputy to make the oath required by law to be made to all ac- counts, transcripts, returns and other papers before any person au- thorized by law to administer oaths and affirmations. Sec. 2, Act of May 26, 1897, P. L. 100, No. 83. 489. TO BE CLERK OF OYER AND TERMINER, WHEN COURT IS HELD BY JUDGE OF SUPREME COURT. When- ever the judges of the Supreme Court shall hold a court of oyer and terminer and general jail delivery, in any county of this Common- wealth, except the counties in w.hich a prothonotary of the said Su- preme Court may reside, the prothonotary of the court of Common Pleas of the respective county, shall be, by virtue of his office, clerk of the court of Oyer and Terminer, held as aforesaid. Sec. 61, Act of April 14, 1834, P. L. 333. 490. TO FORWARD STATEMENT OF NUMBER OF PAM- PHLET LAWS FOR DISTRIBUTION IN COUNTY. It shall be the duty of the prothonotary of each county, to forward to the [secre- tary of the Commonwealth, annually,] on or before the first day of January, a statement of the number of copies of the laws of each ses- sion, authorized by law, to be distributed in their respective counties. Sec. 2, Act of February 1, 1827, P. L. 29. Under Par. 2, Sec. 18, Act of July 22, 1919, P. L. 1097, the statement here required is now made to the Division of Documents. By the same 232 parafraph and sectiea, the statement should include ''each county office and court." The pamphlet laws are now published semi-annually. It is probable, therefore, that the report is required in odd-numbered years only. 491. SECRETARY OF COMMONWEALTH TO TRANSMIT COPIES OF ACTS AS PASSED. On and after the passage of this act it shall be the duty of the Secretary of the Commonwealth of Pennsylvania, within ten days after the signing of any bill by the Governor, whereby it becomes a law, to transmit by mail one copy of said law to the prothonotary of each court of common pleas in the State, said laws to be in uniform unbound leaves and consecutively numbered. Sec. 1, Act of May 18, 1893, P. L. 102, No. 54. 492. TO FILE AND KEEP ADVANCE COPIES OF LAWS. It shall be the duty of the prothonotaries of said courts to file and keep in their respective offices such copies of the laws for a period of one year from the date of the reception of the first of said laws en- acted in one year in such manner that they shall be accessible to the public during the office hours of the said prothonotaries : Provided, That this act shall not affect existing laws relative to the printing and distribution of the pamphlet laws. Sec. 2, Act. of May 18, 1893, P. L. 102, No. 54. 493. PRINCIPAL DEPUTY TO ACT IN TEMPORARY AB- SENCE, ETC., OF PROTHONOTARY. APPOINTMENT OF SECOND DEPUTY TO ACT IN TEMPORARY ABSENCE, ETC., OF PRINCIPAL DEPUTY. Hereafter it shall be lawful, in case of the sickness, absence, or other temporary disability of any prothonotary, for the principal deputy of such prothonotary, duly ap- pointed by law, to act in his place, name, and stead in all matters relating to the performance of the duties of such prothonotary ; and, in case of the sickness, absence, or other temporary disability of said principal deputy prothonotary, it shall be lawful for said prothono- tary, and he is hereby authorized and empowered, to appoint a sec- ond deputy prothonotary, who shall possess and discharge during the disability of said principal deputy prothonotary all the rights, powers, and duties of said principal deputy prothonotary. Sec. 1, Act of May 24, 1917, P. L. 304, amending Sec. 1, Act of May 26, 1897, P. L. 100, No. 83. 494. IN COUNTIES BETWEEN 1,000,000 AND 250,000. DESIGNATION OF DEPUTY PROTHONOTARY AND CLERKS TO ADMINISTER OATHS AND AFFIRMATIONS. In counties having a population of more than two hundred and fifty thousand and less than one million inhabitants, the prothonotary shall designate from the force of clerks in his ofifice a person, learned in the law, who shall be the deputy prothonotary. Any clerk in the of- fice of such prothonotary designated by the prothonotary shall have the power of deputy prothonotary, so far as relates to the administra- tion of oaths and affirmations in the performance of the work of the office. Sec. 1, Act of April 21, 19IS, P. L. 1S7, amendinsf Sec. 1, Act of June 9, 1911, P. L. 7S3, No. 315. 495. POWERS OF DEPUTY IN ABSENCE OF PROTHONO- TARY. In the absence of the prothonotary, the deputy prothono- tary shall have all the powers of the prothonotary. Sec. 3, Act of June 9, 1911, P. L. 753, No. 315. 496. IN COUNTIES BETWEEN 1,200,000 AND 750,000. AP- POINTMENT OF MINUTE CLERKS WITH APPROVAL OF COURT. COMPENSATION. BOND. In all cases where the prothonotary of any county containing a population of not less than seven hundred and fifty thousand, nor more than one million two hundred thousand, shall appoint persons to act as minute clerks of the court, or courts, of common pleas of such county, he may do so only with the approval of the court, or courts, for which such clerks are appointed; and said clerks shall receive such salaries as may be fixed by the court, or respective courts, in which they shall aCt as clerks; to be paid out of the county treasury; such clerks to give bond, with surety to be approved by the prothonotary, in such sum as the court may direct. Sec. 1, Act of April 27, 1911, P. L, 85. 497. TO BE CLERK OF COUNTY COURT IN ALLE- GHENY. APPOINTMENT OF ASSISTANTS. DUTIES. COMPENSATION. The prothonotary of Allegheny county shall be the clerk of the court hereby created, (Allegheny County Court,) and shall assume and perform all of the duties of clerk thereof. At each place designated for the holding of said court there shall be es- tablished an office, in charge of a clerk, or clerks, appointed by the prothonotary, with the approval of the majority of the judges of said court, who shall have the custody of the seal to be kept in such place, ^ well a,s qf i^c dqck^et, p^ the, court, and of all papers pertaining tQ 234 the business of the court at such place. The number, duties, and compensation of said clerks to be fixed by a majority of the judges of said court, and such compensation to be paid out of the treasury of Allegheny County, in the manner in which other county expenses are now paid by law. All other necessary assistants shall be ap- pointed by a majority of the judges of said court, and their number, duties, and compensation shall be fixed by a majority of the judges of said court, and their compensation shall be paid out of the treas- ury of Allegheny County, in the manner in which other county ex- penses are now paid by law. Sec. 1, Act of May 14, 1915, P. L. 505, amending Sec. 5, Act of May S, 1911, P. L. 198. 3. Provisions Relating to the Clerk of Court. 498. GENERAL DUTIES. A clerk shall be commissioned for each of the said courts ; (quarter sessions,) he shall have the custody of the records and of the seal of the respective court, and keep the same at the place of holding such court, and in the apartments pro- vided by authority of law for that purpose. He shall faithfully per- form under the direction of the court all the duties appertaining to his office. Sec. 45, Act of April 14, 1834, P. L. 333. The clerk of courts is now an elective office. See Sec. 52 above. 499. TO CERTIFY NAMES AND ADDRESSES OF TOWN- SHIP SUPERVISORS AND COMMISSIONERS TO STATE HIGHWAY COMMISSIONER. PENALTY FOR NEGLECT. The clerk of the court of quarter sessions in each county shall, not later than the twentieth day of November following every municipal election, certify to the State Highway Department the names and post-office addresses of all supervisors and commissioners of the townships in said county. The failure or neglect of any clerk of courts to furnish such list shall be deemed a misdemeanor. Upon conviction, any such clerk shall be punished by fine of not more than fifty dollars. Sec. 11, Act of July 8, 1919, P. L. 770. 500. IN COUNTIES BETWEEN 1,500,000 AND 800,000 POPU- LATION. APPOINTMENT OF MINUTE CLERKS SUBJECT TO APPROVAL OF COURT. COMPENSATION. BOND. In all cases where the clerk of courts of oyer and terminer and general jail delivery, and quarter sessions of the peace, of any county contain- ing a population of over eight hundred thousand and less than one million five hundred thousand inhabitants, shall appoint persons to 235 act as minute clerks of the courts of oyer and terminer and general jail delivery, and quarter sessions of the peace, — he may do so only with the approval of the court or courts for which the clerks are ap- pointed; and said clerks shall receive such salaries as may be fixed by the court in which they shall act as clerks, to be paid out of the county treasury, and such clerks shall give bond with surety, to be approved by the clerk of courts, and in such sum as the courts may direct. Sec. 1, Act of April 4, 1919, P. L. 41. (1) Register of Wills and Clerk of the Orphans' Court. 501. APPOINTMENT OF DEPUTY REGISTER. AC- COUNTABILITY FOR ACTS OF DEPUTY. QUALIFICA- TIONS. Every register shall appoint and keep a deputy to officiate in his absence, for whose conduct he and his sureties shall be ac- countable; and such deputy shall be capable in law to take the pro- bate of wills and testamentary papers, and to grant letters testa- mentary and of administration, and to do whatever else by law appertains to the office of register. Sec. 2, Act of June 7, 1917, P. L. 415. 502. MAY COMMISSIONATE THE REGISTER OF WILLS OF ANY OTHER COUNTY FOR CERTAIN PURPOSES. The register of wills of any county may deputize and commissionate the register of wills of any other county to receive and take the affidavit of any witness to a will necessary for the proving of such will. A copy of such commission shall be kept on record in the office of the register of wills where the will is offered for proof. Sec. 1, Act of July 11, 1917, P. L. 803, No. 306. 503. BOOKS TO PAID FOR BY COUNTY. The books here- after to be purchased by the register and clerk of the orphans' court for the records of their offices, shall be paid by orders drawn by the county commissioners of the proper county, on the treasurer thereof. Part of Sec. 8, Act of February 22, 1821, P. L. SO. 504. DUTIES OF THE CLERK OF THE ORPHANS' COURT IN GENERAL. In each county of this Commonwealth the clerk of the orphans' court shall have the custody of the records and of the seal of the respective court, and keep the same at the place of holding such court and in apartments provided by l£tw for that purpose ; and he shall faithfully perform, under the direction of the court, all the duties appertaining to his office. Part of Sec. 8, Act of June 7, 1917, P. L. 363. For appointment of assistants to the clerk of the orphans' court see Sees. 57 to 59 above. 236 (m) Recorder of Deeds. 505. GENERAL POWERS AND DUTIES. That the several and respective officers, appointed by this act, (recorder of deeds,) shall have, use and exercise all the powers and be subject to, and governed by, the laws of this state, in all things concerning their said offices respectively ; and may take and receive the same fees, as by the said laws the late [Registers] and Recorders of Deeds ought or might have received and taken. Sec. 4, Act of March 14, 1777, 1 Sm. L. 443, Ch. 737. This section was repealed as to the register of wills by the Act of June 7, 1917, P. L. 426. 506. MAY TAKE ACKNOWLEDGMENT AND PROOF OF EXECUTION OF ANY DEED, MORTGAGE, ETC. EFFECT. The recorders of deeds' should (shall) have authority to take the acknowledgment and proof of the execution of any deed, mortgage or other conveyance of any lands, tenements or hereditaments lying or being in the county, for which they are respectively appointed as re- corders of deeds, or within every city, district or part thereof, or for any contract, letter of attorney or any other writing, under seal, to be used or recorded within their respective counties ; and such acknowl- edgment or proof, taken or made in the manner directed by the laws of this state, and certified by the said recqrder, under his hand and seal of office, which certificate shall be indorsed or annexed to said deed or instrument aforesaid, shall have the same iorce and effect, and be as good and available in law, for all purposes, as if the same had been made or taken before any judge of the supreme court, or president or associate judge of any of the courts of common pleas within this commonwealth. Sec. 7, Act of April 16, 1840, P. L. 410. 507. MAY TAKE AND CERTIFY ACKNOWLEDGMENT AND PROOF OF WRITTEN INSTRUMENTS. The several re- corders of deeds within this commonwealth heretofore authorized to take the acknowledgment of and proof of deeds and other writings, shall have full power, and are hereby authorized to take and certify the acknowledgment and proof of or concerning any such instru- ments of writing, as fully and with like effect as any judge or justice of the peace of this commonwealth might or could do. Sec. 1, Act of April 6, 1859, P. L. 383, No. 381. 508. APPOINTMENT OF A DEPUTY. QUALIFICATIONS. Every recorder of deeds may appoint and keep a deputy, for whose conduct he and his sureties shall be accountable; and such deputy 2^7 shall be capable in law to do whateveir by law appertains to the office of recorder of deeds. Sec. 1, Act of March 1, 1852, P. L. 100. 509. APPOINTMENT OF CLERKS TO ADMINISTER OATHS IN COUNTIES LESS THAN 1,300,000 POPULATION. P'rom and after the passage of this act, the recorder of deeds in the various counties of this Commonwealth may appoint one or more clerks, employed in their respective offices, to administer oaths and affirmations, to all persons, pertaining to the business or conducting of said recorder's office, with the same force and effect as if admin- istered by the said recorder or deputy recorder : Provided, however, That the provisions of this act sh^ll not apply to counties having a population of one million three hundred thousand or more. Sec. 1, Act of June 7, 1911, P. L. 668, No. 260. 510. DILAPIDATED, FADED, INJURED OR JEOPARD- IDZED BOOKS OF RECORD TO BE COPIED OR TRAN- SCRIBED IN COUNTIES OVER 1,500,000 POPULATION. COST TO BE PAID BY COUNTY. From and after the passage of this act, it shall be the duty of the recorder of deeds of all counties containing over one million and a half population, of this Common- wealth, whenever in hi^ opinion it shall become necessary, to have copied or transcribed in a fair and reasonable manner any books of record in his office which may be certified by him to be dilapidated, fading, injured, or Jeopardized from any other cause ; the work to be done by the transcribing clerks of his office, and the cost of such copy or transcription shall be certified by the recorder of deeds, and be paid out bf the county funds upon orders drawn by the commissioners on the treasurer on the proper county. Sec. 1, Act of April 15, 1913, P. L. 74, No. 52. f 511. NEW RECORDS TO BE CERTIFIED AT THE END THEREOF. EFFECT. When said copy shall have been com- pleted, it shall be the duty of the recorder of deeds of the proper county, to which such book belongs, to certify at the end of the same that it is a true and correct copy of the original, and to affix the seal of his office thereto ; and thereupon the said book shall have the same force and effect in law and in equity as the original record would have had. Sec. 2, Act of April IS, 1913, P. L. 74, No. 52. 238 512. ORIGINAL RECORDS TO BE PRESERVED AND CER- TIFIED. The original record so transcribed or copied shall not be destroyed; but shall be preserved by the recorder of deeds, with a certificate annexed thereto by him that it has been replaced with a copy under this statute. Sec. 3, Act of April 15, 1913, P. L. 74, No. 52. 513. PENALTY FOR FAILURE TO DELIVER TO SUCCES- SOR ALL RECORDS AND OTHER WRITINGS AND SEALS IN GOOD ORDER. Each and every of the [Registers and] Re- corders of deeds herein appointed, and their heirs, executors and ad- ministrators, and every of them are hereby required and enjoined to deliver up to the person who shall be appointed to succeed them in the said offices respectively, all the records and other writings, and also the seals, belonging to the several offices aforesaid, whole, safe and undefaced, under the penalty of three thousand pounds, to be recovered as other fines are directed to be recovered within this state. Sec. 5, Act of March 14, 1777, 1 Sm. L. 443, Ch. 737. This section was repealed as to the register of wills by the Act of June 7, 1917, P. L. 426. 514. DEED AND MORTGAGE INDEXES TO BE KEPT, In the addition to the indexes which the recorder of deeds in each county of this commonwealth is required to keep, the said recorder, shall carefully and accurately prepare and keep in his office, two general indexes of all deeds recorded therein, in one of which, to be known as the direct index, he shall enter in their order, the name of the grantor the name of the grantee, the volume and page wherein the deed is recorded, and in the other, to be known as the ad sectum index, he shall enter in their order, the name of the grantee, the name of the grantor, the volume and page wherein the deed is recorded. He shall in like manner also prepare and keep two general indexes, one direct and the other ad sectum, of all mortgages recorded in his office. Said indexes shall be arranged alphabetically and in such a way as to af- ford an easy and ready reference to said deeds and mortgages re- spectively, and shall be written in a plain and legible hand: Pro- vided, however, That in any county where such indexes have already been prepared and in use, or where any special law relating to any of said indexes is now in force, they shall be adopted and kept as if made in pursuance of this act. Sec. 1, Act of March 18, 1875, P. L. 32. 515. PENALTY FOR NEGLECTING TO INDEX DEEDS AND MORTGAGES. As soon as said indexes are prepared, it shall be the duty of the recorder to index in its appropriate place and man- 239 ner every deed and mortgage thereafter recorded in his office, at the time the same is recorded ; and in case he neglects to do so, he and his sureties shall be liable in damages to any person aggrieved by such neglect. Sec. 2, Act of March 18, 1875, P. L. 32. 516. ENTRY TO BE NOTICE. The entry of recorded deeds and mortgages in said indexes, respectively, shall be notice to all per- sons of the recording of the same. Sec. 3, Act of March 18, 1875, P. L. 32. 517. PREPARATION OF INDEXES. COSTS. In counties where no such indexes have been kept, the recorders thereof are hereby authorized and required to prepare the same, the costs there- of to be paid by the county ; but after said work has been done the costs of continuing the same, according to the provisions of this act, shall be paid by the respective recorders. Sec. 4, Act of March 18, 1875, P. L. 32. 518. DEEDS AND CONVEYANCES TO BE REGISTERED IN COUNTY COMMISSIONERS' OFFICE BEFORE ENTER- ING IN RECORDER OF DEEDS' OFFICE IN COUNTIES OVER 500,000 POPULATION. On and after the first day of Jan- uary, Anno Domini one thousand nine hundred, all deeds and other conveyances of real estate, in the several counties of this common- wealth having a population of over five hundred thousand, shall be registered in the office of the county commissioners before being entered of record in the office of the recorder of deeds. Sec. 1, Act of May 2, 1899, P. L. 162, No. 110. 519. DEEDS AND CONVEYANCES NOT TO BE ENTERED IN RECORDER OF DEEDS' OFFICE UNLESS IT HAS BEEN REGISTERED IN COUNTY COMMISSIONERS' OFFICE IN COUNTIES OVER 500,000 POPULATION. On and after said date no dee^d, or other conveyance of real estate, shall be entered of record in the office of the recorder of deeds, in the several counties of this commonwealth having a population of over five hundred thou- sand unless the said instrument has been previously registered in the office of the county commissioners. Sec. 2, Act of May 2, 1899, P. L. 162, No. 110. 520. PENALTY FOR VIOLATION OF ACT. Recorders of deeds, in counties having a population of over five hundred thou- sand, permitting or allowing any deed, or other conveyance of real estate, tb be entered of record unless the same shall have been pre- 240 viously registered in the office of the county commissioners, shall be deemed guilty of a misdemeanor in office, and on conviction thereof be punished by a fine not exceeding one hundred dollars : Provided, That nothing in this act shall apply to counties co-extensive with cities. Sec. 3, Act of May 2, 1899, P. L. 162, No. 110. 521. TO RECORD DEEDS. REGISTERING. FEES. That it shall be the duty of the recorders of deeds, in the several counties in this Commonwealth, to receive all deeds presented for record, when the same are duly acknowledged as required by law, and record the same. And if, by virtue of any provision of law, any such deed so presented for record is required to be registered in any office for the registration of deeds, other than said recorder's office, within the county in which it is so offered for record, the said recorder of deeds shall nevertheless record such deed, whether it has been so registered or not; and in such case, it shall be the duty of the recorder, within ten days after the deed is transcribed into the deed book, to have such deed registered in such other registry office or offices before de- livering the deed to the party entitled to receive the same. On all deeds which the recorder is required to have registered under the provisions of this act, he shall be entitled to collect a fee of twenty- five cents in addition to the recording fee. Sec. 1, Act of March 28, 1907, P. L. 33. 522. PRECISE RESIDENCE OF MORTGAGEE, ASSIGNEE OR OTHER PERSON ENTITLED TO INTEREST TO BE GIVEN. LIST TO BE FURNISHED BOARD OF REVISION OF TAXES. For the purpose of obtaining with accuracy the pre- cise residence of all mortgagees, assignees, and persons to whom in- terest is payable on articles of agreement, it shall be the duty of the recorder of deeds in each county, whenever a mortgage, assignment, or agreement given to secure the payment of money, shall be pre- sented to him for record, to refuse the same, unless the said mort- gage, assignment, or agreement has attached thereto, and made part of said mortgage, assignment, or agreement, a certificate signed by said mortgagee, assignee, or person entitled to interest; or his, her or their duly authorized attorney or agent, setting forth the precise residence of such mortgagee, assignee, or person entitled to interest ; said certificate to be recorded with said mortgage, assignment, or agreement; and therefrom the said recorder shall prepare and de- liver, at stated intervals, to the proper Board of Revision of Taxes, or other officials charged with the assessment of State tax, a list of said mortgages, assignments, smd agreements, with the names and 241 residences of said mortgagees, assignees, or persons entitled to in- terest, with the amount and date of said mortgages, assignments, and articles of agreement, with the date of recording and the prop- erties upon which the debts are secured. Sec. 1, Act of April 29, 1909, P. L. 289, No. 186. See also Sec. 769 below and note. 523. HOLDER OR ASSIGNEE OF MORTGAGE TO FUR- NISH RECORDER WITH NAME, RESIDENCE AND AD- DRESS. On and after the passage of this act, the holder, owner or assignee of any mortgage offered for record or assignment, shall fur- nish to the recorder of deeds of the county in which said mortgage or assignment is to be recorded, the full name, residence (including street number), and the address of such holder, owner or assignee. Sec. 1, Act of April 11, 1899, P. L. 41, No. 39. 524. TO CERTIFY TO COUNTY COMMISSIONERS. It shall be the duty of the said recorder of deeds to forthwith certify the same to the office of the county commissioners. Sec. 2, Act of April 11, 1899, P. L. 41, No. 39. 525. PENALTY FOR FAILURE TO CERTIFY TO THE COUNTY COMMISSIONERS. Recorders of deeds who shall fail to certify the same to the office of the county commissioners, as aforesaid, shall be deemed guilty of a misdemeanor in office, and on conviction thereof be punished by a fine not exceeding one hundred dollars: [Provided, That this act shall not apply to counties co- extensive with cities of the first class.] Sec. 3, Act of April 11, 1899, P. L. 41, No. 39. 526. SUCCESSOR TO CERTIFY DEEDS RECORDED IN CERTAIN CASES. In all cases where the term of the recorder of deeds and mortgages in the several counties of this commonwealth has terminated by death, resignation or expiration of the term for which he was elected, and by reason of his having failed or neglected to certify to the recording of any deed, mortgage or other instru- ment of writing duly recorded, by adding thereto, on the back of such deed, mortgage or other instrument of writing, the proper certificate, his successor in office shall certify or sign the same, after comparing such deed, mortgage or other instrument of writing with the same as recorded, if found correct. Sec. 1, Act of June 20, 1883, P. L. 136, No. 123. 16 242 527. FORM OF CERTIFICATE, In case of the certificate being wanting, the same shall be added in the following form : "I, A. B., do hereby certify that the foregoing deed, mortgage (or as the case may be), was duly recorded during the official term of , my predecessor in office, which said instrument was left for record on the day of , A. D , and having been uncertified, now is certified, as required by law. (Signed) A. B., Recorder." Sec. 2, Act of June 20, 1883, P. L. 136. No. 123. 528. FORM OF AUTHENTICATION. In case of the ommis- sion of the signature, the authentication shall be in the following form: "The above deed, mortgage (as the case may be), having been duly recorded and certified during the term of , my pre- decessor in office, and left unsigned, is hereby signed by me, as re- quired by law. (Signed) A. B., Recorder." Sec. 3, Act of June 20, 1883, P. L. 136, No. 123. 529. INSTRUMENTS AUTHENTICATED TO BE GOOD AND VALID. Such deed, mortgage or other instrument of writing, thus authenticated, shall be taken and deemed to be as good and valid to all intents and purposes, as if the same had been certified to and signed by the proper recorder, during his term- of office. Sec. 4, Act of June 20, 1883, P. L. 136, No. 123. 530. FEE FOR AUTHENTICATION. The person performing such service shall be entitled to be paid by the proper county the sum of twenty cents for each certificate, and ten cents in each case when the signature alone is wanting. Sec. 5, Act of June 20, 1883, P. L. 136, No. 123. 531. TO CERTIFY TO THE AUDITOR GENERAL ALL LIMITED PARTNERSHIPS, ASSOCIATION OR JOINT STOCK ASSOCIATION. From and after the passage of this act it shall be the duty of the recorders of deeds of the several counties of this Commonwealth, upon the filing in their respective offices of the articles of association of any limited partnership, association or joint stock association, to certify to the Auditor General upon a blank form which shall be prepared and furnished them by the, Auditor 243 General, the following information relative to said limited partner- ship association or joint stock association filing its articles of asso- ciation as aforesaid: 1. Name of association. 2. Purpose for which organized. 3. Term for which organized. 4. Location of principal office. 5. Date of organization. 6. Authorized amount of capital stock. 7. Name and postoffice address of chairman. 8. Name and postoffice address of secretary. 9. Name and postoffice address of treasurer. For their services in furnishing the Auditor General with the said information, the said recorders of deeds shall be paid at the rate of twenty-five cents for each limited partnership or joint stock association, the information concerning which they shall have cer- tified to the Auditor General in the manner above provided for. The said fee of twenty-iive cents shall be paid to the said recorders of deeds by the limited partnership associations or joint stock associa- tions at the time of filing the articles of association thereof to be in addition to the fees now prescribed by existing laws for the filing and recording of the same. Sec. 1, Act of June 24, 1895, P. L. 230, No. 130. (n) Jury Commissioners. 532. MEETINGS. SELECTING OF NAMES OF PERSONS TO SERVE AS JURORS. PLACING NAMES IN JURY WHEEL. CUSTODY OF JURY WHEEL AND KEY. It shall be the duty of said jury commissioners, president judge, or additional law judge, of the respective district, or a majority of them, to meet at the seat of justice of the respective counties, at least thirty days be- fore the first term of the court of common pleas, in every year, and thereupon proceed, with due diligence, to select, alternatively, from the whole qualified electors of the respective county at large, a num- ber, such as at the term of the court of pleas next preceding shall, by the said court be designated, of sober, intelligent and judicious per- sons, to serve as jurors, in the several courts of such county, during that year; and the s^id jury commissioners, president judge, or ad- ditional law judge, or a majority of them, shall, in the mode and manner now directed by law, place the names of persons, so selected, in the proper jury wheel, and the said jury wheel locked, as now re- quired by law, shall remain in the custody of the said jury commis- sioners, and the keys thereof in the custody of the sheriff of said county. Sec. 2, Act of April 10, 1867, P. L. 62. 244 533. DRAWING OF JURY. OATH. Said jury commissioners, and the sheriff of the respective county, or any two of them, shall draw from the proper jury wheel, panels of jurors, as grand jurors of the proper county, and as petit and traverse jurors, for the trial of issues, in fact, which may be taken in any action, in any of the courts, civil and criminal, of the several counties aforesaid, in the manner now practiced and allowed, but before the said jury commis- sioners and sheriff shall proceed to select, or draw, jurors, in the manner aforesaid, they shall severally take the oath or affirmation, now prescribed by law, to be taken by the sheriff and county com- missioners, before selecting and drawing jurors. Sec. 3, Act of April 10, 1867, P. L. 62. 534. FORMER LAWS TO APPLY TO JURY COMMIS- SIONERS. That so much of any act or acts of assembly of this com- monwealth as makes it the duty of the sheriff and county commis- sioners, of any of said counties, to select and draw jurors, shall be repealed, and cease to have any force or effect, from and after the first day of December next, Anno Domini one thousand eight him- dred and sixty-seven: Provided, That all acts, and parts of acts of assembly, now in force, in relation to the custody, sealing and un- sealing, locking and opening of the jury wheel of the respective county, and all acts and parts of acts of assembly, now in force, im- posing any penalty, or punishment, on the sheriff and county com- missioners, or either of them, for anything done, or omitted, by them, or either of them, in relation to the keeping, locking, opening, sealing, or breaking the seal, of any jury wheel, or in relation to the selecting or drawing of jurors, shall be taken, deemed and held to apply to the said jury commissioners and sheriff. Sec. 4, Act of April 10, 1867, P. L. 62. The former laws referred to in this section are not incorporated in this compilation, as they cover minute directions as to the return and drawing of jurors and are beyond the avowed scope of the compilation. 535. PENALTY FOR NEGLECT OF DUTY. It shall be the duty of each of said jury commissioners, to take upon himself, and discharge the duties of his said office, under a penalty of one hun- dred dollars for each and every neglect, or refusal, to attend the same, to be sued for and recovered before any justice of the peace of the proper county, as debts of like are now by law recoverable ; ten dol- lars of which shall go to the person suing, and the residue to be paid by the said justice, to the treasurer of the respective county, for the use of the same. Sec. 6, Act of April 10 1867, P. L, 62. 245 536. APPOINTMENT OF CLERK. COMPENSATION. DU- TIES. The jury commissioners of the several counties of this Commonwealth shall have authority, and are hereby authorized, to appoint a competent person as their clerk, and to fix his compensa- tion, with the consent and approval of the county commissioners, for his employment with said jury commissioners in preparation and in filling the jury wheel, or in drawing juries. Sec. 1, Act of April 11, 1903, P. L. 166, No. 126. 537. COMPENSATION TO BE PAID BY COUNTY. Said compensation to be paid out of the respective county treasury. Sec. 2, Act of April 11, 1903, P. L. 166, No. 126. (o) Board of Viewers. 538. ESTABLISHMENT. NUMBER OF MEMBERS. QUALI- FICATIONS. HAPPENING AND FILLING OF CERTAIN VACANCIES. There is hereby established in each county of this Commonwealth a board of viewers. In counties containing over one million inhabitants, such board shall not consist of less than six nor more than nine members, one-third of whom may be learned in the law, and members of the bar of the proper county. In each county containing less than one million inhabitants, said board shall con- sist of not less than three nor more than nine members, one-third of whom may be surveyors, or members of the bar of the proper county. The judges of the court of common pleas of the proper county shall in each case determine, within the aforesaid limits, the total number of members of which the board shall be composed, fixing and deter- mining such number as shall be deemed necessary for the proper performance of the duties imposed upon the board; with power in the court, from time to time, to change the number within the above stated limit as to the total number of members. Each member of the board of viewers must be at least twenty-five years of age, must be a freeholder, must be qualified elector of the proper county, must have resided therein for five years immediately prior to his appoint- ment, and must not be engaged in any public employment of profit. The office of any member of the board shall be vacant immediately upon his ceasing to be a resident of the county in which he shall be appointed, or upon his ceasing to possess any of the qualifications above required; the court of the proper county being empowered, from time to time, to determine summarily any facts thus bringing about a vacancy in the office, and being authorized to fill vacancies thus arising, in the manner hereinafter set forth. Sec. 1, Act of June 23, 1911, P. L. 1123. The title of the Act of 1911 was held to be sufficient and not in viola- tion of Art. Ill, Sec. 3, of the Constitution in the case of Reber's Peti- tion, 235 Pa. 622. 246 539. APPOINTMENT OF MEMBERS. RULES AND REGU- LATIONS OF BOARD. Immediately after the approval of this act, the judges of the court of common pleas of each county shall ap- point the members of the board of viewers for their respective coun- ties. In counties having more than one court of common pleas, the judges of all courts of common pleas shall meet as a body and shall make such appointment. In judicial districts which comprise more than one county such appointment for each county shall be made by the judge or judges of the judicial district in which said county shall be situated. The courts of common pleas of the respective counties shall make such rules and regulations for the government of said boards and the proceedings thereof, not inconsistent with the provisions thereof, as they respectively shall deem proper; which rules and regulations said courts, from time to time, may alter, amend, modify, and rescind. Sec. 2, Act of June 23, 1911, P. L. 112.3. 540. TERM OF OFFICE. REMOVAL. FILLING VACAN- CIES. OFFICIAL OATH. POWER TO ADMINISTER OATHS. Each of the members of the said board of viewers shall be appointed for a term of three years from the date of his appoint- ment, whether such appointment be to fill an original or partly ex- pired term. Members may be reappointed from time to time when vacancies shall occur. AJl appointments shall be subject to the powers of the respective courts of common pleas of the respective counties, at any time, for causes to them satisfactory, to remove mem- bers of said board before the expiration of their respective terms of office, and to appoint successors. In the event of any vacancy in the board of viewers of any county, caused by death, resignation, removal from office by the court, re- moval of the member from the county, or by reason of inability, neglect, or refusal to perform the duties of the office, or because of expiration of term, or for any other cause, the judges of the respec- tive courts of common pleas, may in the same manner as provided in the case of making an original appointment, appoint a new mem- ber or members of said board, possessing the qualifications herein required. The person thus appointed to fill any vacancy shall hold his office for the term of three years; subject, as above provided. Each member of the board of viewers, before entering upon the du- , ties of his office, shall take and subscribe to an oath or affirmation to perform faithfully all the duties imposed on him by law. Any member of any board of viewers under the provisions of this act shall have general power to administer oaths and affirmations to other 247 viewers of the same county, to witnesses before them, and to other persons, pertaining to the business and duties of sad (said) board of viewers. Part of Sec. 1, Act of May 29, 1913, P. L. 386, amending Sec. 3, Act of June 23, 1911, P. L. 1123. 541. APPOINTMENT OF VIEWERS, ETC., FOR CERTAIN PURPOSES. RECORDS. APPEALS AND EXCEPTIONS. VACANCIES IN A BOARD OF VIEW. Whenever hereafter a petition shall be presented to any court, judge or judges of this Commonwealth, praying the appointment of viewers, reviewers or re-reviewers, or of a jury of view, or of a road jury, or of commis- sioners of view, or of any person or body, under any designation, for the purpose of viewing, laying out, opening, gra,ding, altering, widen- ing, vacating, or constructing of roads, streets, highways, sewers or bridges ; or for the assessment of damages and benefits occasioned by such laying out, opening, grading, altering, widening, vacating, and constructing of roads, streets, highways, sewers or bridges; or oc- casioned by any appropriation of land by municipalities and (of) other corporations having the power of eminent domain, the court shall appoint a board of view of three members — one of whom shall be learned in law-^from among the board of viewers of the county, as such viewers, reviewers, re-reviewers, or jury or view, or road jury, or commissioners of view. The records filed by such board of view, when concurred in by two out of these three members thereof, shall have the same force and effect as records filed under existing laws by viewers, reviewers, rc-reviewers, or juries of view, or road juries, or commissioners of view. Appeals from the action of any board of view, and exceptions thereto, shall be taken and filed in the same manner and with like force and effect as under existing laws. In case of vacancies in a board of view appointed in any case, and before its final action, the court which appointed the board miy fill such vacancies in the board by the appointment of other members of the board of viewers. Sec. 5, Act of June 23, 1911, P. L. 1123. "Other cofpofations having the power of eminent domain" construed. Brown's Petition, 236 Pa. 1. Word "of" before ''other corporations" is a mistake. Id. The incorporation by general reference of the provisions of "existing laws" relating to appeals does not violate Art. Ill, Sec. 6, of the Con- stitution. Reber's Petition, 235 Pa. 622, 631. 542. TRIAL-LISTS. RULES AND REGULATIONS GOV- ERNING SAME. Hearing-or trial-hsts shall be prepared by the re- spective county boards of viewers, or by their direction, fixing a 248 proper number of cases for each day to occupy the time of the ses- sions of the viewers. Said lists to be prepared such time in advance of the actual hearings, and circulated in such manner as may be directed, by standing rule or otherwise, by the courts of the respec- tive counties. The courts of common pleas of the respective counties are au- thorized to make, and from time to time to alter, such rules and regulations with respect to such trial-lists and their preparation and the allotment of cases. Such rules and, regulations, when thus pre- scribed, must be followed by the board of viewers in the conduct of cases. Sec. 6, Act of June 23, 1911, P. L. 1123. 543. PLACE OF HEARINGS. All hearings of the board of viewers shall be held publicly, in the courthouse of the courts of common pleas of the respective counties, or in some other suitable place or places, designated in each county by the courts thereof. It shall be the duty of the proper authorities to prepare and furnish said places, and to provide for the proper lighting, heating and care of the same, and to furnish such facilities and do such things as shall be proper to enable boards of view fully to discharge their duties. Sec. 7, Act of June 23, 1911, P. L. 1123. 544. RULES AND REGULATIONS. STENOGRAPHIC RE- PORTS. STENOGRAPHERS AND CLERICAL ASSISTANTS. COSTS AND EXPENSES. The boards of viewers of the respective counties, and the boards of view, shall, in the performance of their duties, act in accordance with such rules as shall be adopted by the courts of common pleas of the respective counties, and also under such rules and regulations as they may themselves, with the approval of the proper court or courts of common pleas of the respective coun- ties, prescribe. Whenever, in the opinion of the board of viewers, it shall be de- sirable, accurate stenographic reports of hearings before the respec- tive boards of view shall be kept, and copies of such reports shall be furnished to the parties interested when desired, upon the payment of such sums as shall be fixed by rules and regulations of the respec- tive courts of common pleas. The said board of viewers shall employ such stenographers and clerical assistants as the county commissioners, or the legislative body of the county, shall authorize. The salary or compensation of such stenographers and clerical assistants shall be fixed by the said county commissioners, or the legislative body of the county, and 249 shall be paid out of the treasury of the proper county, as shall all other costs attendant upon the discharge by the boards of viewers and boards of view of their duties. Sec. 8, Act of June 23, 1911, P. L. 1123. 545. REPORT OF BOARD OF VIEW. APPOINTMENT OF NEW BOARD, AT LEAST TWO OF VIEWERS TO VIEW PREMISES. It shall be the duty of the board of view appointed in each case to prepare, and file in the proper court, a report which shall set forth, in brief and concise paragraphic forms, all findings of facts and conclusions of law, a statement of the amount of damages or benefits assessed, and attach to the said report a plan showing the properties affected. Every report must be concurred in and signed by at least two of the viewers; and no report shall be made unless so concurred in and signed, save a report of inability to reach con- clusions. In case of failure of any board to file such report, for any reason, a new board of view shall be appointed in the way provided in the original appointment. Any report so concurred in, and signed and filed, shall have the same force and effect as would result from the filing, under existing law, of the reports of viewers, reviewers, re-reviewers, jury of view, road jury, commissioners of view, or other persons or bodies. In every case, at least two of the three viewers appointed for the purpose shall view the premises in ques- tion. Sec. 9, Act of June 23, 1911, P. L. 1123. 546. EXCEPTIONS, APPEALS, ETC. The proceedings by way of exception, appeal, and otherwise, upon filing reports of said board of view, shall be in all respects the same as those provided under existing laws in the case of appeals from viewers, reviewers, re-reviewers, juries of view, road juries, or commissioners of view. Sec. 10, Act of June 23, 1911, P. L. 1123. This section does not violate Art. Ill, Sec. 6, of the Constitution. Reber's Petition, 235 Pa. 622, 631. 547. NOTICE OF VIEW TO COUNTY COMMISSIONERS. In all cases where viewers are appointed by the courts of this Com- monwealth to view and lay out a public road, or where a review or re-review is ordered, the said viewers shall give the county com- missioners or their clerk at least six days' notice in writing of the time and place of holding such view, review or re-review, and a copy of such written notice, properly attested, shall be filed with the report of such view, review or re-review, and a failure to comply with the provisions of the act shall be sufficient grounds to set aside the entire proceedings: Provided, That this act shall not apply to counties having special laws upon the subject. Sec. 1. Act of April 3, 1899. P. L. 26. 250 548, TIME LIMIT FOR REPORT OF VIEWERS. EXTEN- SION OF TIME. Viewers, or juries of view, appointed by any court of this Commonwealth to assess the damages and benefits, due to the taking, injury or destruction of private property, in and by the construction or enlargement of any public work, highway or improvement, shall make their reports within a time which said court shall fix when so appointing them: Provided, That if any of the viewers, or juries of view, so appointed, shall for any good and suf- ficient reason appearing to the court, be unable to file its report within the period so fixed, the said court may, in its discretion, either before or after the expiration of the time fixed, extend the time for the filing of such report to such a time as justice and the circumstances of the case may demand. Sec. 1, Act of March 18, 1903, P. L. 28, No. 35. This act is constitutional. Umbria Street, 32 Sup. Ct 333. It has been repealed so far as it relates to boroughs by the Act of May 14, 1915, P. L. 312. (p) Inspectors of Weights and Measures. 549. APPOINTMENT. SALARY. EXPENSES. COUNTY JOINING WITH ANOTHER COUNTY OR A CITY. IN CITIES OF THE FIRST CLASS. TERM OF OFFICE. REMOVAL. NOT TO PERFORM OTHER SERVICES FOR COUNTY OR CITY. [The mayors of cities of the second and third class, and] the several board of county commissioners, shall, respectively, appoint one or more competent persons as inspectors of weight and measures, in the respective county [or city] , whose salary shall not be less than one thousand dollars per annum, to be paid out of the respective revenues of such county or city; Provided, however. That the pay- ment of a minimum salary shall not apply to counties having a popu- lation of fifteen thousand or less. In addition to the salary provided by law, the said county [and city] inspectors shall be entitled to re- ceive the actual expenses incurred by them personally in perform- ing the duties of their office; such as transportation, hotel, livery, telephone, telegraph, and postal charges, to be paid by the boards of county commissioners of their respective counties and by the proper officers of their respective cities, in such proportion as may be agreed upon by said boards of county commissioners and proper officers of cities, on bills itemized and properly sworn to: Provided, however. That nothing in this act shall be construed to prevent two or more counties, or any county and city, from combining the whole or any part of their districts, as may be agreed upon by the board of county commissioners and mayors of cities, with one set of standards and one inspector, upon the written consent of the chief of the bureau of 251 standards: Provided further. In cities of the first class the inspec- tors shall be appointed by the county commissioners of the county in which the said city may be located. Any inspector appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority and duties as if he had been appointed by each of the authorities who are parties to the agreement. The county and city inspectors of weights and measures, as appointed by the respective counties and cities, shall hold their office during goo'd behavior ; and shall not be removed, dis- charged, or reduced in pay or position except for inefficiency, in- capacity, conduct unbecoming employes, or other just cause, and until the said officials shall have been furnished with written state- ments of the reason for such removal, discharge, or reduction, and shall have been given reasonable time to make written answer thereto. Nor shall such removal, discharge, or reduction be made until the charge or charges shall have been examined into and found true in fact by the appointing power of such county or city, at a hearing upon reasonable notice to the person charged, at which time he may be represented by counsel and offer testimony or witnesses in his own behalf. It shall be unlawful for any sealer or inspector of weights and measures, or any of his deputies, to perform clerical or ether services for the county or city of their respective districts. Sec. 1, Act of July 19, 1917, P. L. 1102, amending Sec. 1, Act of May 11, 1911, P. L. 275, as amended. The Act of 1911 was also amended by the Act of July 24, 1913, P. L. 960. The constitutionality of this amendment was attacked and upheld in the case of Goodwin v. Bradford City Council, 248 Pa. 453. The case holds that there is no improper classification; that the amending title is suiScient; and that the inspector is a municipal and not a State officer, and therefore subject to classification. The inspectors of weights and measures comes within the provisions of Art VI, Sec. 4, of the Constitution, and may be removed at the pleasure of the authority appointing him. The above section is there- fore unconstitutional in so far as it provides that the inspectors cannot be removed except for certain causes, which must be shown to him. Comm. ex rel. v. Hoyt, 254 Pa. 45; Comm. ex rel. v. Leary, 63 Sup. Ct. 434. 550. STANDARD TESTS OF WEIGHTS AND MEASURES. REPORTS TO CHIEF OF BUREAU OF STANDARDS. GEN- ERAL POWERS AND DUTIES, All county [and city] inspectors so appointed shall be supplied, at the expense of their respective counties [and cities,] with standard tests of weights and measures, in conformity with those established by the Government of the United States or the Bureau of Standards of the State, and the laws of this Commonwealth; and to ensure the accuracy of these tests they shall be compared with the standard tests to be purchased by 252 the Secretary of Internal Affairs, and, when so compared and their correctness established, they shall be so stamped or marked in such manner as may be established by the rules and regulations herein- before referred to, to be put in force by said Secretary of Internal Affairs, and approved by the Governor of the Commonwealth. Each inspector shall report in writing at least once every month, to the chief of the State Bureau of Standards, upon blanks furnished by the chief. Such report shall contain: (1) The number of tests made since the last preceding report. (2) The number of Weights, measures, and balances found by such tests to be correct. (3) The number of weights, measures, and balances found by such tests to be false. (4) The number of prosecutions instituted by such in- spector since the last preceding report, together with the name of the accused, the tile (title) of the court where the prosecution was instituted, and the result of such prosecution. (5) Such other matters as the chief may, from time to time, prescribe. The inspectors shall take charge of and safely keep the proper standards. They shall be furnished by the chief of the Bureau of Standards of this Commonwealth with full specifications of tolerances and allowances to be used by them in the performance of their duties. Each inspector shall have power, within his respective jurisdiction, to test all instruments and devices used in weighing or measuring anything sold or to be sold, including instruments and devices for weighing at coal mines, and seal the same if found to be correct. Such test shall include all appliances connected or used with such in- struments or devices. For the purpose of making such test, each in- spector, at any reasonable time and without formal warrant, may enter upon any premises ; and may, on any public highway, stop any vendor or dealer, or the agent or servant of such vendor or dealer, or stop any vehicle used in delivering any commodity which is weighed or measured as delivered. He may condemn and mark as condemned, or may seize, any false or illegal instrument or device used, or intended to be used, in weighing or measuring. If he shall seize any such instrument or device, he shall retain possession thereof until it shall have been used as evidence in any prosecution under the laws of this Commonwealth relating to weights and measures or to the sale of commodities. After the determination of such prosecution, the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper court. Sec. 1, Act of July 11, 1917, P. L. 799, amending Sec. 2, Act of May 11, 1911, P. L. 275, as amended. 551. PENAL PROVISIONS. Each person who shall, directly or indirectly, or by his servant or agent, or as the servant or agent of another, violate any of the provisions of this act, or give or offer 253 to give any false weight or measure, or use any weighing device after it shall have been condemned and before it shall have been ad- justed and sealed, or obstruct or attempt to obstruct any inspector in the performance of his duty, shall be guilty of a misdemeanor. Upon conviction thereof such person shall, for the first offense, be sen- tenced to pay a fine not to exceed twenty-five dollars ; for the second offense shall be sentenced to pay a fine not exceeding fifty dollars, and for each subsequent offense, such person shall be sentenced to pay a fine of not more than one hundred dollars or to undergo an imprisonment in the proper county jail for not more than thirty days, or both, in the fliscretion of the court. In default of the pay- ment of any fine, as aforesaid, the person convicted shall be sentenced to serve one day in jail of the proper county for each dollar of the fine and costs. It shall be unlawful for any inspector to use any tests or stand- ards, or to attempt to use the same, in ascertaining the correctness or accuracy of weights and measures, until such comparisons are made and their accuracy established, and so stamped or marked ; and any inspector violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction therefor shall be fined not ex- ceeding one thousand ($1,000) dollars, or undergo imprisonment for a period not exceeding one year, or both or either, at the discretion of the court. Sec. 3, Act of July 24, 1913, P. L. 960, amending Sec. 3, Act of May 11, 1911, P. L. 275. (q) Prison Board. 552. SHERIFF AND COMMISSIONERS TO COMPOSE BOARD FOR JAILS. That the sheriff and county commissioners of the several counties of the Commonwealth shall compose the Prison Board for employment of prisoners in the jails of the re- spective counties; [and the superintendent and managers, cJr other chief officers, of the several workhouses shall constitute the Prison Board thereof, for the employment of the prisoners therein, in the several counties wherein the same is or may be located.] Sec. 3, Act of May 25, 1907, P. L. 247. For provisions in counties between 250,000 and 150,000 population see two following sections. 553. IN COUNTIES BETWEEN 250,000 AND 150,000 POPU- LATION. SHERIFF, CONTROLLER AND COMMISSION- ERS TO COMPOSE BOARD. POWERS AND DUTIES. DUTIES AND PRIVILEGES OF SHERIFF DETERMINED. The persons now holding the following offices, and their successors, 254 in all counties in this Commonwealth containing over one hundred and fifty thousand and less than three hundred and twenty-five thou- sand inhabitants, shall compose a board to be known by the name and style of Inspectors of the Jail or County Prison, to wit, — the sheriff, the controller, and the commissioners of each of said coun- ties; in which board and the officers appointed by it the safe-keep- ing, discipline, and employment of prisoners, and the government and management of said institution, shall be exclusively vested ; and that the present responsibility of the sheriff of each of said coun- ties, in regard to the safe-keeping of the prisoners, shall cease and determine on their committal to said prison, and such sheriff shall no longer be furnished a residence in said institution. Part of Sec. 1, Act of May 21, 1913, P. L. 279, amending Sec. 1, Act of April 27, 1909, P. L. 262. The Act of 1913 is unconstitutional in so far as it attempts to legis- late for counties between 325,000 and 250,000 population. The Act of 1909 included only counties between 250,000 and 150,000 population, and no notice was given in the title of the Act of 1913 of any change of classification. Comm. v. Thomas, 248 Pa. 256. 554. ORGANIZATION. QUORUM. MEETINGS. REC- ORDS. RULES AND REGULATIONS. WARDEN, DEPU- TIES AND ASSISTANTS. NUMBER AND SALARIES TO BE FIXED BY BOARD. Within thirty days after this act shall be- come effective, the above-named board shall meet and organize by the election of a president and secretary. A majority of the mem- bers of said board shall constitute a quorum for the transaction of business, and all actions of said board must be by the approval of a majority of all of the members of said board. The board shall meet monthly, or oftener if required, and keep regular minutes of their proceedings in a book to be filed with the financial records of each of said counties ; and shall make such rules and regulations for the government and management of the prison, and the safe-keeping, discipline, and employment of prisoners, as may be deemed neces- sary. The board shall appoint a warden of the prison, who shall reside in the building. The warden, subject to the approval of the board, may appoint such deputy or deputies, assistant or assistants, keeper or keepers, as may be required in taking care of the prison ; the number and salary of the same to be fixed by said board of in- spectors. Part of Sec. 1, Act of May 21, 1913, P. L. 279, amending Sec. 2, Act of April 27, 1909, P. L. 262. The remaining sections of this act relate to the internal government of jails, and have therefore been omitted. See preface. 255 CHAPTER VIII. GENERAL AND MISCELLLANEOUS POWERS AND DUTIES. (a) General Corporate Powers. 555. ENUMERATION OF POWERS. The several counties [and townships] in this state shall have capacity as bodies cor- porate : I. To sue and be sued as such by the corporate name of the county of [or the township of ?,] as the case may be. II. To take and hold real estate within their respective limits, and also personal property: Provided, That such real and personal estate shall be taken and held only for the benefit of the inhabitants of the respective county [or township,] and for such objects and purposes, and none other, as county [or township] rates and levies are now, or hereafter may be, authorized by law to be laid and col- lected, and for such other objects and purposes as may hereafter be expressly authorized by law. III. To make such contracts as may be necessary and proper for the execution of the same object^ and purposes. Sec. 3. Act of April IS, 1834, P. L. 537, No. 247. This section has been repealeed in so far as it relates to townships by the Act of July 14, 1917, P. L. 961. 556. TO BE EXERCISED BY COMMISSIONERS. The cor- porate powers of the several counties [and townships] shall be ex- ercised by the commissioners [or supervisors,] thereof, respectively. Sec. 4, Act of April IS, 1834, P. L. 537, No. 247. This section has been repealed in so far as it relates to townships by the Act of July 14, 1917, P. L. 961. (b) County Seal. 557. ESTABLISHMENT. CUSTODY. USE. There shall be a county seal for each county of this State, which shall be in the custody of the commissioners thereof, and the official acts of the commissioners shall be authenticated therewith. Sec. 8, Act of April IS, 1834, P. L. 537, No. 247. 256 558. DEVICE OF SEAL. Upon every seal hereafter to be pn> cured of a county, [court of common pleas, court of oyer and ter- miner, court of quarter sessions, orphans' court, register, recorder, and notary public] of the Commonwealth of Pennsylvania, there shall be engraved the same device as is engraved on the great seal of the State, together with the name of the county, [court, or of- fice] in which the seal is to be used for the attestation of official papers. Sec. 1, Act of March 6, 1854, P. L. ISS, No. 122. This section is repealed in so far as it relates to the orphans' court by the Act of June 7, 1917, P. L. 386. 559. SECRETARY OF COMMONWEALTH TO FURNISH SEALS. TO BE PAID FOR BY COUNTY. That the Secretary of the Commonwealth shall be required to procure from time to time, the seals for the several counties, [courts,] and county officers, [and notaries public] in said several counties in the Commonwealth, and that the Auditor General shall charge ' said several counties re- spectively with the cost of said seals, [except those of notaries pub- lic] Sec. 2, Act of March 6, 1854, P. L. 155, No. 122. (c) Motor Vehicles. 560. NO LICENSE FEE OR TAX TO BE COLLECTED FOR ANY MOTOR VEHICLE OR OPERATOR. EXCEPTION. NO FEE ON MOTOR VEHICLE OWNED AND USED BY COUNTY. SUCH MOTOR VEHICLES TO BE LICENSED AND DISPLAY NUMBER PLATES. The fees herein set forth for the registration of motor vehicles and trailers, shall be in lieu of any other fees or taxes to be imposed by this Commonwealth, or any subdivision thereof, and no [city, borough, incorporated town, township, or] county, shall require or collect any registration or license fee or tax for any motor vehicle or license from any operator thereof, except as to motor vehicles transporting passengers for pay or hire within the limits of any city or from points within such city to points outside of the city limits. No fee shall te charged for the registration of motor vehicles owned and used by [the United States, the State of Pennsylvania, or by] any [city, borough, incorporated town, township, or] county, [duly authorized volunteer fire department, hospital, humane society, or anti-cruelty society,] in this Commonwealth, [or by the American Red Cross,] but all such vehicles shall be registered, and shall dis- play number plates as is provided for privately owned vehicles. Part of Sec. 9, Act of June 30, 1919, P. L. 678. This and the following section are parts of the general act regulating the use of motor vehicles in the Commonwealth, 257 561. NO POWER TO REGULATE SPEED, EQUIPMENT, USE OR OPERATION OF MOTOR VEHICLES. It being the purpose of this act to provide a system or code of law regulating the use and operation of motor vehicles throughout this Common- wealth, no [city, borough, incorporated town, township, or] county, shall hereafter adopt, maintain, or enforce any rule, regulation, or ordinance, regulating the speed, equipment, use, or operation of motor vehicles. Part of Sec. 28, Act of June 30, 1919, P. L. 678. 562. NO POWER TO REGULATE USE OF TRACTION- ENGINES OR TRACTORS. RIGHTS ON STREETS AND HIGHWAYS. No [city,] county, [borough, incorporated town, or township] shall adopt, enforce, or maintain any ordinance, rule, or regulation contrary to or inconsistent with the terms of this act; or require of any person any license tax upon or registration fee for any traction-engine, tractor, or trailer, or any permit or license to operate. Operators of traction-engines or tractors shall have the same rights upon the public streets and highways as the drivers of any other vehicles, and no public road open to horse-drawn vehicles shall be closed to traction-engines or tractors. Sec. 15, Act of June 8, 1915, P. L. 926. This section is a part of the general act providing for registration and regulating the operation of traction-engines and tractors with metal-tired wheels. (d) Regulation of Streams and Control of Floods. 563. GENERAL POWERS WITH RESPECT TO STREAMS AND THE /CONTROL OF FLOODS. EXPENDITURE AND APPROPRIATION OF MONEY. BOND ISSUE. The several counties of this Commonwealth shall respectively have the capacity and power to borrow and appropriate and expend money iqr the purpose of cleansing, regulating, improving, and controlling rivers and streams, lying within their respective boundaries, either in whole or in part, and for the prevention and control of floods in the same ; and to make contracts and expenditures for the cleansing, regula- tion, improvement, and control of such rivers and streams, and for the prevention and control of floods by storage or retaining reser- voirs, or otherwise^ in parts of the same beyond the limits of the respective counties or of the State, when, in the judgment of the county commissioners, the same may be necessary and for the benefit of the respective county; and to make appropriations and expenditures for the purpose of investigating and examining, or for 17 258 assisting in the investigation and examination of, the conditon of such streams, within or without the bounds of such counties or of the State, for the purpose of facilitating the ends aforesaid. In ex- ercising the powers herein conferred the county commissioners may, in their discretion, subject to the limitation of the Constitution, issue interest bearing bonds of the county. ' Sec. 1, Act of May 11, 1911, P. L. 260. 564. COOPERATION WITH OTHER AUTHORITIES. And the respective county commissioners are hereby authorized to enter into such proper arrangements and agreements with the Secretary of War on other public authority, empowered to act in the premises under any law of the United States or of this or any other State, as may be necessary and proper for such purposes as are above men- tioned with a view to harmonious and efficient action and propor- tionate contribution as nearly as may be arrived at or be practicable. Sec. 2, Act of May 11, 1911, P. L. 260. 565. NOT TO AFFECT CERTAIN HEALTH ACTS. Noth- ing in this act shall be construed to repeal or invalidate or in any way affect the provisions of an act of Assembly, approved the twenty- second day of April, Anno Domini one thousand nine hundred and five, entitled "An act to preserve the purity of the waters of the State for the protection of the public health," or the provisions of an act, approved the twenty-seventh day of April, Anno Domini one thousand nine hundred and five, entitled "An act creating a Depart- ment of Health, and defining its powers and duties," or the pro- visions of an act, approved the fourteenth day of May, Anno Domini one thousand nine hundred and nine, entitled "An act to safeguard human life and health throughout the Commonwealth, by providing regulations for the control of certain communicable diseases, and the prevention of infection therefrom and prescribing penalties for the violation of said regulations." Sec. 3, Act of May 11, 1911, P. L. 260. 566. DYKES, BANKS, CAUSEWAYS AND SLUICEWAYS ON STREAMS NOT NAVIGABLE, FOR PROTECTION OF BRIDGES AND HIGHWAYS. CONSENT OF PROPERTY OWNERS AFFECTED. From and after the passage of this act, it shall be lawful for the county commissioners of any coimty in this Commonwealth, for the purpose of protecting any county bridge or bridges, the abutments thereof and approaches thereto, and any public highway adjacent to the same, from the incursions of the tide, floods, or waters of any creek, rivulet, or other stream, and so as to prolong the life of said structures, to erect and maintain dykes, 259 banks, causeways, and sluiceways, over, on and across any creek, rivulet, or other stream not navigable, and which creek, rivulet, or other stream is affected by the rise and fall of the tide, floods, or waters of any creek, rivulet, or other stream ; and to secure a proper right of way for proper ingress and egress thereto, upon first secur- ing consent of the owners of the land bordering on said creek, rivulet, or other stream, and also securing consent of the owners of the riparian rights thereon, from the source to the mouth of said creek, vivulet, or other stream; providing it is, in the opinion of said. county ' commissioners, more economical to protect and maintain the public property in their charge by this means than it would be to erect and maintain the required suitable structures on the said public high- way or highways, affected by the tides as aforesaid. Sec. 1, Act of March IS, 1911, P. L. 19. 567. APPROPRIATION AND EXPENDITURE OF MONEY IN COUNTIES BETWEEN 1,400,000 AND 800,000 POPULA- TION FOR INVESTIGATION OF STREAMS AND RIVERS FOR PURPOSE OF CONTROLLING FLOODS. The county commissioners in all counties within this Commonwealth containing over eight hundred thousand and less than one million four hundred thousand inhabitants, according to the last preceding United States census, are hereby authorized and empowered to appropriate and expend, out of the moneys of said county, annually, a sum not ex- ceeding ten thousand dollars, or so much thereof as may be neces- sary, for the purpose of investigating and examining, or assisting in the investigation and examination of, the condition of such streams and rivers as may be wholly or partially within the boundaries of said counties, for the purpose of controlling floods. Sec. 1, Act of March 30, 1911, P. L. 31. 568. DUTIES PERFORMED BY MEADOW COMPANIES TO DEVOLVE ON COUNTY UPON SURRENDER OF CHARTER AND FRANCHISES OF SUCH COMPANY. All corporations organized for the purpose of the erecting and main- taining of meadow banks, building sluices, and digging ditches, and generally for the protection of meadow lands from inundations, be and the same are hereby authorized and empowered, at any time after the passage of this act, to surrender the charter and franchises vested in such corporations. And immediately thereupon all of the duties heretofore performed by such companies shall devolve upon the respective [cities or] counties within which the lands lie which had been theretofore within the jurisdiction of such meadow com- panies. Sec. 1, Act of June 9, 1911, P. L. 834, No. 322. 260 (e) Gas- Wells, Lateral Railroads. 569. CONTRACTS FOR DRILLING GAS-WELLS AND LAYING GAS-LINES. PURPOSES. From and after the pas- sage of this act, the county commissioners of the several counties of this Commonwealth, situated in regions wherein natural gas is known to be obtainable, be and they are hereby authorized to con- tract for the drilling of gas-wells upon any lands owned by their particular county, for the purpose of furnishing gas for light and fuel to the county buildings of that county, and for other purposes, and for that purpose to contract for the- laying of gas-lines, equipped with such modern appliances and machinery as may be necessary to carry out the intentions of this act. Sec. 1, Act of April 23, 1907, P. L. 98. 570. CONTRACTS. SPECIFICATIONS TO BE PUB- LISHED. OPENING OF BIDS. AWARDING. Contracts for the building pf rigs or derricks, or for the drilling of wells, or the laying of pipe-lines, or the purchase of machinery, shall be made by said county commissioners only after the specifications therefor shall have been published in at least two newspapers of general cir- culation, published in the county-seat of said county, representing the two dominant political parties in said county, of the time and place of letting said contract or contracts; at which time and place the bids shall be publicly opened, and the contract or contracts awarded to the lowest and best bidder for the same. Sec. 2, Act of April 23, 1907, P. L. 98. 571. CONSTRUCTION OF LATERAL RAILROADS AU- THORIZED. RIGHT OF EMINENT DOMAIN. If any person or persons, corporation of the first or second class, partnership, muni- cipal or quasi-municipal corporation, school or poor district of the State of Pennsylvania, incorporated under general or special act of Assembly, being the owner or owners of land, mills, quarries, coal- mines, lime-kilns, or other real estate, in the vicinity of any rail- road, canal, or slack-water navigation, made or to be made by any company, or by the State of Pennsylvania, and not more than four miles distant therefrom, shall desire to make a railroad thereto over any intervening lands, he, it, or they, their engineers, agents, and artists, may enter upon any lands, and survey and mark such route as he, it, or they shall think proper to adopt, doing no damage to the property explored, and thereupon may present a petition to the court of common pleas of the county in which said intervening land is sit- uated, setting forth his, its, or their desire to be allowed to con- struct and finish a railroad in and upon the said route, and the be- 261 ginning, courses, and distances thereof, and place of intersection of the main railroad, canal, or slack-water navigation, which shall be filed and entered of record in the said court, whereupon the said court shall appoint six disinterested and judicious men, resident in taid county, who shall view the said marked and proposed route for a railroad, and examine the same ; and if they, or any four of them, f-hall deem' the same necessary and useful for public or private pur- poses, they shall report in writing to the subsequent term of said court what damages will be sustained by the owner or owners of the said intervening land by the opening, constructing, completing, and using the said railroad, and the report of the land viewers and ap- praisers shall be filed of record in the said court, and if not appealed from, be liable to be confirmed or rejected by the said court, as to right and justice shall appertain; and if either of the parties shall be dissatisfied with said report, he, it, or they may appeal therefrom to the said court of common pleas within twenty days after such re- port has been filed in the prothonotary's office, and not after; and after such appeal, either party may put the cause at issue in the form approved of by the court, and the said issue shall be placed first on the trial list of the next regular term of the said court, and be there tried and determined by the court and jury; and the verdict so ren- dered, and judgment thereon, shall be final and conclusive, without further appeal or writ of error, and it shall be the duty of the said viewers and jury to take into consideration the advantages which may be derived by the owner or owners of land passed by the said railroad, when making up their report or forming their verdict thereon. Sec. 1, Act of May 17, 1919, P. L. 205, amending Sec. 1, Act of May S, 1832, P. L. 501. The Act of 1832 was first made applicable to municipal and quasi- municipal corporations by the above amendment of 1919 to Sec. 1 thereof. Practically its only value as far as counties are concerned is in the operation of quarries for road building material. Even for this purpose it is not likely that the act will be often taken advantage of by counties. There are ten sections of the act and as many supple- ments in force at present. It is not believed, however, that this legisla- tion is of sufficient importance to counties to warrant the space here. If necessary, they can readily be referred to, in the pamphlet laws or I Purdon's Digest. (f) Protection and Encouragement of Forests. 572. COMMISSIONERS TO APPOINT FOREST FIRE DE- TECTIVES AND TO EXTINGUISH FOREST FIRES. PEN- ALTY FOR NEGLECT. ONE-HALF OF EXPENSES PAID BY STATE. CONDITIONS OF PAYMENT. LIMIT OF AMOUNT. It shall be the duty of the commissioners of the sev- 262 eral counties of this Commonwealth to appoint persons, under oath, whose duty it shall be to ferret out and bring to punishment all persons or corporations who either wilfully or otherwise cause the burning of timber lands within their respective counties, and to take measures to have such fires extinguished where it can be done ; and on failure of the commissioners of any county, after demand made upon them by the Commissioner of Forestry of this Common- wealth, to comply with this provision, they shall be deemed guilty of a misdemeanor in office, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, or suffer an imprison- ment not exceeding two years, or both, at the discretion of the court. The expense incurred in the employment of the persons contem- plated by this act, on and after the first day of January, Anno Domini one thousand eight hundred and ninety-eight, shall be paid, one-half out of the treasury of the respective county, and the re- maining half of said expense shall be paid by the State Treasurer upon warrant from the Auditor General; but no such warrant shall be drawn until the commissioners of the proper county shall have first furnished, under oath or affirmation, to the Auditor General, a written itemized statement of such expense, and until the same is approved by the Auditor General : Provided, That in no case shall the expense to the Commonwealth growing out of this act exceed five hundred dollars for a single county in any one year. Sec. 1, Act of July IS, 1897, P. L. 295, amending Sec. 1, Act of June 2, 1870, P. L. 1316, No. 1206. The above section seems to have been originally intended as local legislation, applying only to the counties named in Sec. 2, Act of 1870, which reads as follows: ''The provisions of the Act of ninth of April, one thousand eight hundred and sixty-nine, entitled 'An act to prevent the firing of mountains and other wild lands in the county of Union,' ' and of this act, be and the same is hereby extended to the counties of Schuylkill, Lehigh, Berks, Lycoming,, Centre, Snyder, Luzerne and Union." Price's Index to Local Legislation considers the act local to these counties. The amendment of 1897, however, passed since the constitutional inhibition against local laws regulating the affairs of counties, seems to treat the section as general, as does also the Act of May 2, 1901, P. L. 119 (and following sections*). The county of Lycoming was exempted from the provisions of the Act of May 19, 1871, P. L. 950. 573. COMMISSIONER OF FORESTRY TO ACT WHEN COUNTY COMMISSIONERS FAIL OR APPOINT INDIF- FERENT PERSONS, EXPENSES PAID BY STATE. FINES TO BE PAID TO STATE. When the commissioners of any county or counties fail to "appoint persons under oath, whose duty it shall be to ferret out and bring to punishment all persons or cor- porations who either wilfully or otherwise cause the burning of 263 timber lands within their respective counties," as is provided for by the act of July fifteenth, one thousand eight hundred and ninety- seven, (preceding section,) or when they have appointed inefficient persons to do the work aforesaid; the Commissioner of Forestry may, on the request of residents of a county in which such fires have been created, or on the request of the owner or owners of land which has been injured by the'fires so created, appoint a detective or detec- tives, and employ an attorney or attorneys, to ferret out and bring to punishment, as aforesaid, those who cause the burning of timber lands ; and all expenses incurred by the Commissioner of ^Forestry under the operation of this act shall be paid by the State Treasurer, on warrant drawn by the Auditor General, if the said bills shall be approved by the Governor and the Commissioner of Forestry; and all the fines collected shall be paid by the magistrate or by order of the court to the Commissioner of Forestry, and be paid by him to the Treasurer of the Commonwealth. Sec. 1, Act of May 2, 1901, P. L. 119. 574. WHEN STATE MAY REFUSE TO PAY ITS SHARE OF EXPENSES. When conviction is obtained, under the provi- sions of this act, of persons or corporations causing the burning of timber lands, then the Auditor General, on the request of the Com- missioner of Forestry, may refuse to pay the State's share of the money due to the county for the services of the person or persons, appointed by the county commissioners to ferret out and bring to punishment those who caused forest fires in the districts where such persons 'served as fire detectives, to make arrests and secure con- victions, and for which conviction was obtained by the detectives appointed by the Commissioner of Forestry. Sec. 2, Act of May 2, 1901, P. L. 119. 575. AGREEMENTS WITH DEPARTMENT OF FORESTRY FOR PREVENTION AND SUPPRESSION OF FOREST FIRES. EXPENDITURES OF MONEY. AUDIT. The Department of Forestry is authorized to enter into agreements for the prevention and suppression of forest fires with county, [township, municipal, and private agencies] owning or controlling wood lots, forests, or wild lands, or whose activities in whole or in part are directed to- ward the prevention and suppression of forest fires. The depart- ment is authorized to expend 'from its general forest fire appropria- tion, for such protective and preventive purposes as it deems ef- fective, a sum of money equal in amount to the amount which shall be expended by such agencies in accordance with such agreements. All expenditures must first be presented to the Department of For- estry in monthly statements, in form and manner prescribed for the payment of any sum from the forest fire appropriation. The Com- 264 missioner of Forestry shall audit the same and transmit them to the Auditor General, who shall then draw his warrant for one-half of the amount of expenditures approved by the Comniissioner of For- estry. Sec. 1, Act of June 4, 191S, P. L. 815. 576. ANNUAL FINANCIAL REPORT TO DEPARTMENT OF FORESTRY. Every county, [township, municipal, or private agency] working under agreement with the department, in accord- ance with this act, shall render to the department, at the end of each calendar year, a report setting forth a complete itemized statement of expenditures made with a view to the prevention and suppression of forest fires, and stating such other information as the depart- ment may request. The financial statement and facts relating there- to shall be accompanied by an affidavit subscribed to by the person authorized to make the report. Sec. 2, Act of June 4, 1915, P. L. 815. 577. PAYMENTS TO PERSONS MAINTAINING TIMBER LANDS. AMOUNTS. RESTRICTIONS. In consideration of the public benefit to be derived from the planting and cultivation of forest or tiniber trees, the owner or owners of any land in this Com- monwealth planted with forest or timber trees in number not less than twelve hundred to the acre, shall, on making due proof thereof, be entitled to receive annually from the commissioners of their re- spective counties, during th^ period that the said trees are main- tained in sound condition upon the ^aid land, the following sums of money : For a period of ten years after the land has been so planted, a sum equal to ninety per centum of all the taxes annually assessed and paid upon the said land, or so much of the said ninety per centum as shall not exceed the sum of forty-five cents per acre ; For a second period of ten years, a sum equal to eighty per centum cf the said taxes, or so much of the said eighty per centum as shall not exceed the sum of forty cents per acre ; For a third and final period of ten years, a sum equal to fifty per centum of the said taxes, or so much of the said fifty per centum as shall not exceed the sum of twenty-five cents per acre ; Provided, That it shall be lawful for the owner or owners of the said land, after the same has been so planted for at least ten years, to thin out and reduce the number of trees growing thereon to not less than six hundred to the acre, so long as no portion of the said land shall be absolutely cleared of the said tr^es : And provided also. That the benefits of this act shall not be extended to nurserymen or others growing trees for sale for future planting. Sec. 1, Act of June 1, 1887, P. L. 287. No. 17.1 265 578. PAYMENTS ON LANDS CLEARED OF MERCHANT- ABLE TIMBER. RESTRICTIONS. The owner or owners of forest or timber land in this Commonwealth, which has been cleared of merchantable timber, who shall at any period after the said land has been so cleared, and who shall maintain upon the said land young forest or timber trees in sound condition, in number at least twelve hundred to the acre, shall on making due proof thereof, be entitled to receive annually from the commissioners of their re- spective counties the sum of money mentioned in the first section of this act: Provided, That the first period of ten years shall be counted from the time that said land has been cleared of merchant- able timber, and that after the said first period of ten years the number of trees upon the said land may be reduced as in the first, section is provided. Sec. 1, Act of March 22, 1901, P. L. 52, amending Sec. 2, Act of June 1, 1887, P. L. 287, No. 173. (g) Appropriations for Charitable and Public Purposes. 1. To Hospitals and Sanatoria. 579. APPROPRIATION TO CERTAIN HOSPITALS. The county commissioners of any county may appropriate moneys for the support of any hospital, located within or without the limits of such county, which is engaged in charitable work, and extends treat- ment and medical attention to residents of such county. Sec. 1, Act of May 14, 191S, P. L. 532. 580. APPROPRIATION TO SOCIETY MAINTAINING TUBERCULOSIS SANITORIUM FOR MAINTENANCE OF INDIGENT RESIDENTS OF THE COUNTY. Whenever there shall have been established in any county of this Commonwealth a duly incorporated society, chartered to maintain a sanatorium for •the treatment therein of persons suffering from tuberculosis, it shall be lawful for the commissioners of such county, and they are hereby authorized and empowered, to appropriate out of the funds of such county, to such society, so much money as may be neces- sary for the maintenance of indigent persons, residents of the county, who may be inmates of such sanatorium and under treatment for tuberculosis. Sec. i. Act of June 1, 1911, P. L. 623, No. 233. 581. LIMIT OF APPROPRIATION. PAYMENT. Such ap- propriation shall not exceed for each of such indigent inmates the sum of ten dollars per week, payable every three months, at the end of the period. Sec. 2, Act of June 1, 1911, P. L. 623, No. 233. 266 582. COMMISSIONERS TO HAVE ACCESS TO SANI- TORIA. The commissioners of each county at all times shall have free access to such sanatoria, for inspection of its management and for the ascertainment of the number of indigent persons receiving treatment therein. Sec. 3, Act of June 1, 1911, P. L. 623, No. 233. la. To Mothers' Assistance Fund. NOTE : Only a small portion of the Mothers' Pension Act has been included below, as this is the extent that counties are affected by it. The act provides a state system. The Mothers' Assistance Fund is administered by a board of trustees appointed by the Governor for each county accepting the provisions of the act. This board acts under the direction of a state supervisor, who is a salaried officer of the state and reports to the State Board of Education and to the Legislature. 582a. CLASSIFICATION OF COUNTIES FOR DISTRIBU- TION OF STATE APPROPRIATIONS. The State Treasurer, after deducting, from the entire amount appropriated and reappro- priated from time to time by the General Assembly, the sums desig- nated for the payment of salaries and expenses, shall divide the balance of such appropriations into two equal sums. One equal part of each sum shall be distributed for the first fiscal year among the several counties in the manner hereinafter provided, and ac- cording to the following classification of counties: First Class. — Counties with a population of more than one million five hundred thousand inhabitants, eighteen per centum. Second Class. — Counties with a population of more than one mil- lion and not more than one million five hundred thousand inhabit- ants, twelve per centum. Third Class. — Counties with a population of more than two hun- dred thousand and not more than one million inhabitants, equal parts of fifteen per centum. Fourth Class. — Counties with a population of more than one hun- dred thousand and not more than two hundred thousand inhabitants, equal parts of thirty per centum. Fifth Class. — Counties with a population of more than fifty thou- sand and not more than one hundred thousand inhabitants, equal parts of fifteen per centum. Sixth Class. — Counties with a population of twenty-five thousand inhabitants and not more than fifty thousand inhabitants, equal parts of seven per centum. Seventh Class. — Counties with a population of less than twenty- five thousand inhabitants, equal parts of three per centum. Sec. 13, Act of July 10, 1919, P. L. 893. 267 , 582b. COUNTY APPROPRIATIONS. No county shall receive its allotment of the State appropriation available for any year under the classification appointed by the preceding section, unless such county has accepted the provisions of this act, arid has placed at the disposal of the board of trustees a sum equal to the amount available from the State appropriation for such year. Sec. 14, Act of July 10, 1919, P. L. 893. By Sec. 16 all counties having accepted the provisions of the act and made their appropriations before the end of the first fiscal year are given the right, during the second fiscal year, to draw from the surplus fund created by the funds set aside for counties which have not availed themselves of the provisions of the act, on the condition that they, in addition to the appropriation reqIN CHARGE OF COMMISSION. USE OF FUND. AUTHORIZED IN- YESTMENTS. All moneys applicable to any sinking-fund shall be under the charge of the commission, and, primarily, shall be used for extinguishing the county debt; but, where such funds are not immediately applicable for such purpose, they may be invested in the purchase of loans or bonds of the said county. If, however, such county loans cannot be secured to advantage, then said moneys may be invested in bonds of the United States or of the Commonwealth of Pennsylvania, or in any county, city, borough, or township bonds of this Commonwealth, issued within the two per centum of the Consti- tutional limit of indebtedness of such districts, or in any bonds in which savings banks of Pennsylvania are authorized by law to in- vest their deposits, aud not otherwise. Sec. 2, Act of June 13, 1911, P. L. 895. 656. COMMISSION TO TAKE CHARGE OF ALL SINKING- FUNDS. INVESTMENT AND CREDITING OF FUNDS AND INTEREST. Said commission shall take over into its own charge any or all balances remaining to the credit of any or all of the several sinking-funds now in said county; and, so much thereof as can be, may be immediately invested in bonds as aforesaid, and the income derived from such investment shall be credited to the several sink- ing-funds, respectively, to which the same belong, and be invested in the same manner. Sec. 3, Act of June 13, 1911, P. L. 895. 657. MANAGEMENT AND APPLICATION OF FUNDS, INVESTMENTS AND INCOME. BONDS OF COUNTY HELD BY COMMISSION. All bonds of the respective county held by the sinking-fund commission shall be stamped in a conspicuous manner, to show that they have been purchased for this purpose, and they Shall never be reissued or sold. The sinking-fund commission shall not require the respective county to pay interest on any bonds of the respective county so held by the commission,~unless the com- mission deems the payment thereof necessary for the purpose of having adequate funds on hand to pay the bonds of said county as they mature and become payable. The sinking-fund commission shall annually apply all interest re- ceived on sinking-fund deposits, and all interest received on bonds held in the sinking-fund, and all other income, if any, from sinking- funds, for the purpose of reducing the amount of money required to be paid by the respective county to said commission for sinking-fund purposes for the ensuing year, unless such income is necessary for the purpose of having adequate funds on hand to pay the bonds of 302 such county as they mature and become payable. The income so applied and the amount required to be paid by said county for sink- ing-fund purposes shall annually equal the full amount required to be paid for sinking-fund purposes to the several sinking-funds. The commission shall have the power, whenever it deems it neces- sary and for the best interests of the several sinking-funds, to sell any bonds held by it, other than those of the respective county it- self. All bonds of the respective county held by the commission shall be cancelled immediately upon their maturity. Sec. 1, Act of July 18, 1917, P. L. 1085, amending Sec. 4, Act of June 13, 1911, P. L. 895. 658. PAYING OFF AND CANCELLING OF COUNTY BONDS. PRIORITY. SALE OF COUNTY BONDS IN CER- TAIN CASES. In order to facilitate the extinguishment of the county debt, the county bonds purchased by said commission, from time to time, shall be paid off and cancelled according to the priority of their maturity: Provided, however. That if at any time the said commission shall deem it best to withhold the purchase of such maturing county bonds, until after those purchased from a later issue of county bonds shall be paid oflF and cancelled, they shall have and are hereby given the authority to do so : Provided further. That if, in such an event, it shall appear that there will not be sufficient funds in the hands of the commission to meet the payment of such earlier maturing bonds, that the same shall then be sold by said commission at not less than par. Sec. 5, Act of June 13, 1911, P. L. 895. 659. COMMISSION MAY INVEST THE UNINVESTED BALANCES IN NEW COUNTY BONDS. EXCEPTION. Whenever any new bonds shall be issued by said county, the com- mission may invest the uninvested balances in its sinking-fund there- in, except so much as may be required for the payment of any bonds that may mature during the fiscal year in which such new bonds may be issued, and which the commission may desire to cancel and not to sell. Sec. 6, Act of June 13, 1911, P. L. 895. 660. COMMISSION TO DEPOSIT ALL MONEYS RE- CEIVED IN COUNTY DEPOSITORIES. RATE OF INTER- EST. MAY REINVEST INTEREST. All moneys received by said Commission, at any time, shall immediately be deposited in one or more banks or .banking institutions which are now, or hereafter shall be, designated as county depositories : Provided, That not less than two per centum interest on daily balances be paid to said com- 303 mission for the use of said moneys, and that said commission may reinvest said interest with the other income from the bonds in their possession. Sec. 7, Act of June 13, 1911, P. L. 895. 2. In Counties Between 250,000 and 150,000 Population. 661. CREATION OF COMMISSION. MEMBERSHIP. In any county now or hereafter containing, according to the last pre- ceding United States census, not less than one hundred and fifty thousand, nor more than two hundred and fifty thousand inhabitants, there shall be and is hereby created a sinking-fund commission, composed of the commissioners, the controller, and treasurer of such county. Sec. 1, Act of May 11, 1911, P. L. 256. 662. MONEYS OF SINKING-FUNDS TO BE IN CHARGE OF COMMISSION. USE OF FUND. AUTHORIZED IN- VESTMENTS. All moneys applicable to any sinking-fund shall be under the charge of the commission, and, primarily, shall be used for extinguishing the county debt; but, where such funds are not im- mediately applicable for such purpose, they may be invested in the purchase of loans of said county. If, however, such county loans cannot be secured to advantage, then said moneys may be invested in bonds of the United States or of the Commonwealth of Pennsyl- vania. Sec. 2, Act of May 11, 1911, P. L. 256. 663. COMMISSION TO TAKE CHARGE OF ALL SINKING- FUNDS. INVESTMENTS AND CREDITING OF FUNDS AND INTEREST. Said commission shall take over into its own charge any or all balances remaining to the credit of any or all of the several sinking-funds now in said county, or which shall be found existing in any county hereafter coming within the provisions of this act ; and so much thereof as can be, may be immediately invested in bonds, as aforesaid, and the income derived from such investment shall be credited to the several sinking-funds, respectively, to which same belong, and be invested in the same manner. Sec. 3, Act of May 11, 1911, P. L. 256. 664. BONDS HELD BY COMMISSION. All bonds held by the commission shall be stamped in a conspicuous manner, so as to show they have been purchased for that purpose, and they shall never be reissued or sold: Provided, however, That if at any time it be thought necessary by said board, by reason of the proximity of the 304 date at which the bonds mature for which they are held, a sufficient number of said sinking-fund bonds shall be sold, in order to raise money to pay such maturing bonds. Whenever the bonds in said county mature, all such maturing bonds held by the said commis- sion shall be immediately cancelled. ^ Sec. 4, Act of May 11, 1911, P. L. 256. 665. PAYING OFF AND CANCELLING OF COUNTY BONDS. PRIORITY. SALE OF COUNTY BONDS IN CER- TAIN CASES. In order to facilitate the extinguishment of the county debt, the county bonds purchased by said commission, from time to time, shall be paid off and cancelled according to the priority of their maturity: Provided, however. That if at any time the said commission shall deem it best to withhold the purchase of such maturing county bonds, until after those purchased from a later issue of county bonds shall be paid off and cancelled, they shall have, and are hereby given, the authority to do so : Provided further, That if, in such an event, it shall appear that there will not be suf- ficient funds in the hands of the commission to meet the payment of such earlier maturing bonds, that the same shall then be sold by said commission at not less than par. Sec. 5, Act of May 11, 1911, P. L. 256. 666. COMMISSION MAY INVEST THE UNINVESTED BALANCES IN NEW COUNTY BONDS. EXCEPTION. Whenever any new bonds shall be issued by said county, the commis- sion may invest the uninvested balances in its sinking-fund therein, except so much as may be required for the payment of any bonds which may mature during the fiscal year in which such new bonds may be issued, and which the commission may desire to cancel and not to sell. Sec. 6, Act of May 11, 1911, P. L. 256. 667. COMMISSION TO DEPOSIT ALL MONEYS RE- CEIVED IN COUNTY DEPOSITORIES. RATE OF INTER- EST MAY REINVEST INTEREST. All moneys received by said commission, at any time, shall immediately be deposited in one or more banks or banking institutions, which are now or shall here- after be designated as county depositories : Provided, That not less than two per centum interest be paid to said commission, for the use of said moneys, and said commission may reinvest said inter- est with the other income from bonds in their possession. Sec. 7, Act of May 11, 1911, P. L. 256. 305 (d) Board to Select Depositories of County Funds in Counties Between 1,200,000 and 750,000 Population. 668. MEMBERSHIP OF BOARD. MEETING. NUMBER OF DEPOSITORIES. In any county now or hereafter containing, according to the last preceding United States census, not less than seven hundred and fifty thousand nor more than one million two hun- dred thousand inhabitants, the commissioners, controller, and treas- urer of such county shall be, and are hereby declared to be, a board for the following purposes and with the following powers ; namely, — a. They shall meet at the office of the county controller, not later than noon of the third Wednesday following the first Mon- day of January, following the, election of the county treasurer, and there decide upon the number of banks or banking institutions, to be not less than three in number, as depositories of county funds, for the term for which the treasurer shall have been elected. Sec. 1, Act of April 1, 1909, P. L. 93, No, 54. 669. DESIGNATION OF DEPOSITORIES. RATE OF IN- TEREST. DEPOSITS TO BE MADE AFTER FILING OF APPROVED BONDS. QUALIFICATION OF DEPOSI- TORIES. At said meeting, or at any subsequent meeting agreed upon, said board shall designate the depositories, and the rate of in- terest to be paid by them to the county, for the term, which said rate of interest shall be not less than two per centum per annum, calculated on daily balances ; and deposits shall be made with them as soon as satisfactory bonds, approved by the county commis- sioners, shall be filed with the controller: Provided, however. That said banks or banking institutions shall have a paid-in capital and surplus of not less than five hundred thousand dollars. Sec. 2, Act of April 1, 1909, P. L. 93. 670. FIXING THE NUMBER OF VOTES. MAJORITY OF SAID VOTE PRESENT NECESSARY TO TRANSACT BUSI- NESS. For the purpose of voting at their meetings, the county com- missioners shall each have one vote, the controller one vote, and the treasurer one vote; and the majority of said vote present at any- meeting shall be sufficient to enable the said board to transact its business, as hereinbefore set forth. Sec. 3, Act of April 1, 1909, P. L. 93. 20 306 (e) Miscellaneous Sources of Revenue. 671. FINES, ETC., IMPOSED OR FORFEITED IN COURTS TO BE PAID OVER FOR USE OF COUNTY. REPORTS TO COMMISSIONERS. COLLECTION. SETTLEMENT. RIGHT OF COURTS SAVED. From and after the passage of this act, all fines, issues, amercements, forfeited recognizances, and other for- feitures which now are or hereafter shall be set or imposed, lost or' forfeited for the use of the commonwealth in the several courts thereof, shall by the respective clerks of the same be certified and estreated into the office of the commissioners of the respective coun- ties within ten days after the expiration of the term at which such fines and forfeitures were imposed ; together with the judgments and orders of the said courts respectively on all forfeited' recognizances as shall be sued upon in such courts, which estreats or returns of fines and forfeitures shall be under the oath or affirmation of the respective clerks, and all sums of money collected in pursuance thereof, shall be paid to the respective county treasurers for the use of the counties respectively ; and it shall be the duty of the commissioners of the re- spective counties to superintend the collections of said sums of money, and the accounts thereof shall be annually settled by the county auditors : Provided, That nothing herein contained shall im- pair the right of the respective courts to moderate or remit forfeited recognizances as heretofore. Sec. 1, Act of March 24, 1818, P. L. 273. This section is changed so far as fines incurred under the provisions of the license law are concerned by the Act of March 31, 18S6, P. L. 200. It was not re-enacted in this respect by Sec. 78 of the criminal procedure code. Act of March 31, 1860, P. L. 427. Jefferson Co. v. Reitz, 56 Pa. 44. 672. REPAYMENT BY COUNTY COMMISSIONERS WITH CONSENT OF DISTRICT ATTORNEY OF MONEY COL- LECTED ON FORFEITED RECOGNIZANCES. In all cases where the county commissioners of any county shall collect, or have collected, any money upon any forfeited recognizance, duly estreated to such county commissioners by the clerk of the proper court, and where the defendant in such case subsequently surrenders himself or herself to the jurisdiction of the proper court, the county commis- sioners may, with the consent of the district attorney, repay to the party from whom such money was collected the amount so collected on such forfeited recognizance, exclusive of all costs paid or in- curred by the county in such proceeding. Sec. 1, Act of July 11, 1917, P. L. 802. No. 304. 307 673. COUNTY COMMISSIONERS MAY TRANSFER CER- TAIN MONIES IN COUNTY/ TREASURY INTO GENERAL FUND OF COUNTY. From and after the passage of this act it shall be lawful for the commissioners of the several counties of the commonwealth to transfer and cover into the general fund of their respective counties, any money now placed or that shall hereafter.be placed to the credit of any city, borough or township, where the same has been paid into the county treasury upon any duplicate for taxes, and has remained uncalled for during a period of ten years by the authorities of the city, borough or township to whose credit it may have been placed : Provided, The right to said money is not at the time of such transfer a matter of litigation or dispute. Sec. 1, Act of July IS, 1897, P. L. 285. 674. CHARGE ON STATE FORESTS. From and after the passage of this act, all lands now acquired or hereafter to be ac- quired by the Commonwealth for State forests, shall be subject to an annual charge of one cent per acre for the benefit of the counties in which said State forests are located. Sec, 1, Act of April 18, 1919, P. L. 78. 675. PAYMENTS BY STATE TREASURER. The Commis- sioner of Forestry shall certify the respective areas in the counties to the State Treasurer, and the State Treasurer shall pay the amount of the charge in favor of each county in the same manner as the fixed charges upon State forests for road and school purposes are now certified and paid. Sec. 2, Act' of April 18, 1919, P. L. 78. 308 CHAPTER X. TAXATION. SCOPE NOTE: The following chapter on taxation includes: All acts relating to the classes of property liable to county and local taxa- tion for general purposes and property exempt from such taxation; all acts relating to local assessors and to the assessment and valuation of property, including provisions relating to boards for the assessment and revision of taxes; all provisions relating to the collection of county taxes and to sales of unseated and seated lands for the non-payment of taxes. The provisions of the Act of June 4, 1901, P. L. 364, relating to the collection of delinquent taxes on seated lands by tax liens has been omitted (except as noted in sub-division (h) of this chapter), since it was held in Bradford County v. Beardsley, 60 Sup. Ct. 478, that this act is repealed by the Act of May 21, 1913, P. L. 285, in so far as it relates to the question of procedure in enforcing collection of delin- quent taxes. This chapter does not include any provisions as to tax levies for particular purposes, but only the estimates of money needed for the coming year and the fixing of the tax rate for the year therefrom, which have been treated in connection with the subject of assessments in Sees. 788 to 792. Provisions calling for tax levies for particular purposes will be found in each instance in the chapters and sub- divisions of the compilation dealing with the particular subject, and can readily be located by a reference to the index under the heading of TAX LEVIES. No provisions relating to the collection of State taxes of any kind have been included. (a) Subjects of Taxation. 676. ENUMERATION OF SUBJECTS OF TAXATION. From and after the passage of this act, all real estate, to wit : houses, lands, lots of ground and ground rents, mills and manufactories of all kinds, furnaces, forges, bloomeries, distilleries, sugar houses, malt houses, breweries, tan yards, fisheries and ferries, wharves, and [all] other real estate not exempt by law from taxation; also all per- sonal estate, to wit : horses, mares, geldings, mules, and meat cattle over the age of four years; [also all mortgages, money owing by solvent debtors, whether by promissory note, penal or single bill, bond or judgment ; also all articles of agreement and accounts bear- ing interest, owned or possessed by any person or persons whatso- ever, except notes or bills for work and labor done, and bank notes; also all shares or stock in any bank, institution or company, now or 309 hereafter incorporated by or in pursuance of any law of this com- monwealth, or of any other state or g-overnment; and on all shares of stock or weekly deposits in any unincorporated saving fund insti- tution, and all public loans or stocks whatsoever, except those issued by this commonwealth, and all money loaned or invested on interest in any other state ; also all household furniture, including gold and silver plate, owned by any person or persons, corporation or cor- porations, when the value thereof shall exceed the sum of three hun- dred dollars; also all pleasure carriages, both of two and four wheels;] salaries and emoluments of office, all offices, and posts of profit, professions, trades and occupations, except the occupation of farmers, together with all other things now taxable by the laws of this commonwealth, shall be valued and assessed and subject to taxation for the purposes in this act mentioned, and for all [state and] county purposes whatsoever. Sec. 32, Act of April 29, 1844, P. L. 486. The part of this section enclosed in brackets is no longer in force, as it has been supplied by Sec. 1, Act of June 17, 1913, P. L. 507, Sec. 679 below. 677. SINGLE FREEMEN OVER TWENTY-ONE NOT FOL- LOWING TRADE OR OCCUPATION. The assessors [and as- sistant assessors] of the several counties shall, on the receipt of the precepts aforesaid, proceed to take an account in the form directed by the commissioners, of the names and surnames of all the taxable in- habitants within their respective wards, townships and districts, and also an account of the following real and personal property. [I. Real estates, viz: All houses, lands, lots of ground and ground rents, mills and manufactories of all descriptions, all furnaces, forges, bloomeries, distilleries, sugar-houses, malt-houses, breweries, tan-yards and ferries.] [II. The following personal estate, viz : All horses, mares, geld- ings and cattle above the age of four years.] [III. All offices and posts of profit, professions, trades and occupa- tions, and] all single freemen above the age of twenty-one years who shall not follow any occupation or callings. Sec. 4, Act of April 15, 1834, P. L. 509. The part of this section enclosed in brackets is supplied by the pre- ceding section. 678, TRACTION ENGINES. All traction engines shall be liable to taxation, and the same shall be assessed by the several as- sessors of the counties at their fair cash value, in the same manner as other articles of personal estate liable for taxation are assessed, according to lavir. Act of June 1, 1911, P. L. 542, No. 204. 310 679. MONIES OWING AND AT INTEREST. SECURITIES. SHARES OF STOCK AND VEHICLES OF PUBLIC CONVEY- ANCE. EXCEPTIONS. BY WHOM PAYABLE. NOT TAX- ABLj: FOR ANY OTHER LOCAL OR STATE PURPOSES. All personal property of the classes hereinafter enumerated, owned, held, or possessed by any person, persons, copartnership or unin- corporated association or company, resident, located, or liable to taxation within this Commonwealth, or by any joint-stock company or association, limited partnership, bank or corporation whatsoever, formed, erected, or incorporated by, under, or in pursuance of any law of this Commonwealth or of the United States, or of any other State or government, and liable to taxation within this Common- wealth, whether such personal property be owned, held, or possessed by such person or persons, copartnership, unincorporated association, company, joint-stock company or association, limited partnership, bank, or corporation in his, her, their, or its own right, or as active trustee, agent, attorney-in-fact, or in any other capacity, for the use, benefit, or advantage of any other person, persons, copartnership, un- incorporated association, company, joint-stock company or associa- tion, limited partnership, bank, or corporation,— is hereby made tax- able, annually, for county purposes, and, in cities coextensive with counties, for city and county purposes, at the rate of four mills on each dollar of the value thereof, and no failure to assess or return the same shall discharge such owner or holder thereof from liability therefor ; that is to say, — All mortgages ; all moneys owing by solvent debtors, whether by promissory note, or penal or single bill, bond or judgment; all articles of agreement and accounts bearing interest ; all public loans whatsoever, except those issued by this Commonwealth or the United States, and those made taxable for State purposes by section seven- teen hereof; all loans issued by any corporation, association, com- pany, or limited partnership, created or formed under the laws of this Commonwealth or of the United States, or of any other State or government, including car-trust securities and loans secured by bonds or any other' form of certificate or evidence of indebtedness, whether the interest be included in the principal of the obligation or payable by the terms thereof, except such loans as are made taxable for State purposes by section seventeen hereof; all shares of stock in any bank, corporation, associaton, company, or limited partner- ship, created or formed under the laws of this Commonwealth or of the United States, or of any other State or government, except shares of stock in any bank, corporation, or limited partnership that may be liable to a tax on its shares or its capital stock for State purposes under the laws of this Commonwealth, or relieved from the payment of tax on its shares or capital stock for State purposes by the laws 311 of the Commonwealth ; all moneys loaned or invested in other States, Territories, the District of Columbia, or foreign countries; all other moneyed capital in the hands of individual citizens of the State; all stages, omnibuses, hacks, cabs, and other vehicles used in transport- ing passengers for hire, except steam and street passenger railway cars, owned, used, or possessed within this Commonwealth by any person or persons, or by any corporate body or bodies ; all annuities yielding annually over two hundred dollars: Provided, That this section shall not apply to bank notes, or notes discounted or negotiated by any bank or banking institution, savings institution, or trust company: And provided. That the provisions of this act shall not apply to building and loan associations, or to savings in- stitutions having no capital stock; but nothing herein contained shall be construed to relieve or exempt individual depositors in sav- ings institutions having.no capital stock from any taxation to which such depositors may be subject; and, if at any time, either now or hereafter, any persons, individuals, or bodies corporate have agreed or shall hereafter agree to issue his, their, or its securities, bonds or other evidences of indebtedness, clear of and free from the said four mills tax herein provided for, or have agreed or shall hereafter agree to pay the same, nothing herein contained shall be so construed as to lelieve or exempt him, it, or them, from paying the said four mills tax on any of the said such securities, bonds, or other evidences of in- debtedness, as may be held, owned by, or owing to the said savings mstitution having no capital stock : And provided further. That the provisions of this act shall not apply to fire companies, firemen's re- lief associations, life or fire insurance corporations having no capital stock, secret and beneficial societies, labor unions and labor unions relief associations, and all beneficial organizations paying sick or death benefits, or either or both, from funds received from voluntary contributions or assessments upon members of such associations, so- cieties or unions : And provided further. That corporations, limited partnerships, and joint-stock associations, liable to tax on capital stock for State purposes, shall not be required to make any report or pay any further tax, under this section, on the mortgages, bonds, and other securities owned by them in their own right ; but corporations, limited partnerships, and joint-stock associations holding such securi- ties as trustees, executors, administrators, guardians, or in any other manner, shall return and pay the tax imposed by this section upon all securities so held by them as in the case of individuals : And pro- vided further. That none of the classes of property made taxable by this section for county purposes, and in cities coextensive with coun- ties, for city and county purposes, shall be taxed or taxable for any other local purpose or for State vpurposes under the laws of this Com- monwealth. Sec 1, Act of June 17, 1913, P. L. 507, No. 335, 312 680. UNLAWFUL FOR LENDER TO DEMAND PAYMENT OF TAX BY BORROWER. It shall be unlawful for any person or persons; copartnership, unincorporated association, limited partner- ship, joint-stock association, or corporation whatsoever, in loaning money at interest to any person or persons, whether such loans be se- cured by bond and mortgage or otherwise, to require the person or persons borrowing the same to pay the tax imposed thereon by the first section of this act ; and, in all cases where such tax shall have been paid by the borrower or borrowers, the same shall be deemed and considered usury, and be subject to the laws governing the same. Sec. IS, Act of June 17, 1913, P. L. 507, No. 335. 681. UNNATURALIZED FOREIGN BORN RESIDENTS SUBJECT TO TAX, EXCEPTING POLL-TAX. From and after the passage of this act, all unnaturalized foreign-born residents shall be subject to the payment of all taxes, assessed by virtue of the au- thority [of this Commonwealth,] of any county, [city, borough, town- ship, or school district] within said Commonwealth, in the same man- ner and under the same penalties as citizens of this Commonwealth now are: Provided, That this act shall not apply to any poll-tax which may be assessed for the purpose of qualifying citizens to vote. Sec. 1, Act of March 30, 1911, P. L. 38. 682. WHO IS UNNATURALIZED FOREIGN BORN RESI- DENT. For the purposes of this act, any unnaturalized foreign-born person who shall reside or live within the boundaries of the Common- wealth of Pennsylvania for one whole year shall be considered a resi- dent, and shall be subject to the provisions of this act. Sec. 2, Act of March 30, 1911, P. L. 38. (b) Exemptions from Taxation. 683. REAL PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE INSTITUTIONS, AND OF MUNICIPALI- TIES. All churches, meeting-houses, or other regular places of stated worship, with the ground thereto annexed necessary for the occupancy and enjoyment of the same, all burial grounds not used or held for private or corporate profit, all hospitals, universities, colleges, seminaries, academies, associations, and institutions of learning, benevolence or charity, with the grounds thereto annexed and neces- sary for the occupancy and enjoyment of the same, founded, endowed, and maintained by the public or private charity, and all school houses belonging to any county, borough, or school district, all courthouses, jails, poorhouses, and all other public property used for public pur- poses, with the ground thereto annexed and necessary for the 313 occupancy and enjoyment of the same, be, and the same are hereby exempted from all and every county, city, borough, bounty, road, school, and poor tax : Provided, That all property, real or personal, other than that which is in actual use and occupation for the purposes aofresaid, and from which any income or revenue is derived, shall be subject to taxation, except where exempted by law, for State pur- poses, and nothing herein contained shall exempt same therefrom: And provided, That all property, real and personal, in actilal use and occupation for the purposes aforesaid, shall be subject to taxation, un- less the person or persons, association or corporation, so using and occupying the same, shall be seized of the legal or equitable title in the realty and possessor of the personal property absolutely. Sec. 1, Act of July 17, 1919, P. L. 1021. 684. BUILDINGS INCOMPLETE OR IN COURSE OF CON- STRUCTION. Nothing in the act to which this is a supplement (Act of May 14, 1874, P. L. 15^), shall be taken as implying that any building, though incomplete or in course of construction, shall be subject to taxation where said building was intended under the provisions of said act to be exempted from taxation when com- pleted Sec. 1, Act of June 4, 1879, P. L. 90, No. 104. The Act of 1874 was repealed by the Act of July 17, 1919, P. L. 1021. 685. STATE AND MUNICIPAL PROPERTY, PLACES OF RELIGIOUS WORSHIP, PLACES OF BURIAL, AND INSTI- TUTIONS OF CHARITY. All real estate by whomsoever owned and for whatsoever purpose used, shall be subject to all taxes and municipal claims herein provided for; except that all property owned by the State, county, city, or other municipal divisions, and actual places of religious worship, places of burial not used or held for private or corporate profit, and institutions of purely public charity, shall not be subject to tax or municipal claims except for removal of nuisances, for sewer claims and sewer connections, or for the recurb- ing, paving, repaving, or repairing the footways in front thereof. All other real estate, by whomsoever owned and for whatsoever purpose used, shall be subject to all tax claims and municipal claims herein provided for : Provided, however, That nothing in this act contained shall hinder or prevent any city, borough, or township of the first class from providing that any municipal work may be done at the expense of the public generally, and be paid out of the general city, borough, or township funds. Sec. 3, Act of May 28, 1915, P. L. 599, amending Sec. 5, Act of June 4, 1901, P. L. 364, as amended. The constitutionality of this section has been upheld in the cases of Pittsburgh v. Calvary Cetn. Asso., 44 Supt. Ct. 289, and Carrick v, Cahevin, 243 Pa. 283. 314 686. BURIAL LOTS. Whenever any lot or lots, or the right of sepulture therein, shall be granted to any person or family by any in- corporated cemetery company, or church, or religious congregation, within any common inclosure made by such company, church or con- gregation, as and for the purpose of the perpetual burial of the dead, every and all lots so disposed of or used for burial shall hereafter be free and exempt from all taxation, so long as the same shall be used or held only for the purpose of sepulture. Sec. 1, Act of April S, 1859, P. L. 363. 687. CERTAIN REAL PROPERTY DESIGNATED. All real estate within this commonwealth shall be liable to taxation for all such purposes as now is or hereafter may be provided by general laws, excepting only therefrom the classes of property specifically ex- empted from taxation, by the twenty-ninth section of the act of this general assembly, entitled "An Act to authorize the committee of Michael Fox, a lunatic, to sell and convey certain real estate, and for other purposes," approved April sixteenth, one thousand eight hun- dred and thirty-eight, as construed by the third section of the act of this general assembly, entitled "An Act to authorize the administra- tors of Henry Mineum, late of Crawford county, deceased, to sell and convey certain real estate, and for other purposes," approved July second, one thousand eight hundred and thirty-nine, except that the quantity of land thereby exempted shall be and is hereby increased to ten acres instead of five, as therein named; also exempting from taxation all parsonages owned by any church or religious society, with the lands attached thereto, not exceeding five acres ; also except- ing and exempting from such taxation all burial lots exempted by the provisions of the act of April fifth, one thousand eight hundred and fifty-nine, entitled "An Act relative to incorporated cemetery com- panies," and the lands and premises of all cemetery companies where such property is held in trust for the sole purpose of improving said lands and premises, and whose revenues, of whatever kind, are de- voted to that object, and in no way inure to the benefit or profit of the corporators or any of them ; and also excepting and exempting from such taxation all lunatic asylums, almshouses, poorhouses, houses of refuge, penitentiaries and asylums, schools and hospitals, supported by the appropriations annually made thereto by this commonwealth, together with the lands attached to the same ; and also excepting and exempting from such taxation all charitable institutions founded by charitable gifts or otherwise, the chief revenues for the support of which are derived from voluntary contributions, together with the lands attached to the same ; and all laws or parts of laws inconsistent with the provisions of this statute be and the same are hereby re- 315 pealed: Provided, That nothing in this act contained shall be con- strued as repealing the fourth section of the act, entitled "An Act to amend the revenue laws of this commonwealth," approved February twenty-third, one thousand eight hundred and sixty-six: And pro- vided further. That no burial lots sold to individuals for burial of the dead shall be liable to levy and sale for any taxes whatsoever. Sec. 1, Act of April 8, 1873, P. L. 64, No. 41. The object of the Act of 1873 was to repeal a large number of special acts exempting particular properties from taxation, but it did not make subject to taxation, real estate of public service corporations necessary for the enjoyment of their franchises: Northampton County v, Le- high Coal & Nav. Co., 75 Pa. 461 (1874); Wagner Free Institute v. Phila., 132 Pa. 612 (1890); PhUa. v. Jewish Hospital, 148 Pa. 454 (1892). The Act of April 8, 1873 did make all real estate taxable, except such classes as were exempted by it, and the real estate of public service corporations, as aforesaid: Phila. v. Barber, 160 Pa., 123 (1894). It is likely that the act is supplied by the act of July 17, 1919, P. L. 1021, and no longer in force. 688. LIBRARY PROPERTY AND INCOME. Any building which shall be owned and occupied by a free, public, nonsectarian library, and the land on which it stands and that which is immediately and necessarily appurtenant thereto, shall be exempt from all county, city, borough, town, school, bounty, poor, or road taxes, notwith- standing the fact that some portion or portions of said building or lands appurtenant may be yielding rentals to the corporation or as- sociation managing such library : Provided, That the net receipts of said corporation or association from rentals shall be used solely for the purpose of maintaining the said library. All gifts, devises, grants, or endowments made to such a library, and for such purposes, shall be free from collateral inheritance tax; and any gifts, endow- ments, or funds of such a library which are invested in interest bear- ing securities, the income from which is used solely for the purchase of books or the maintenance of such library, shall be exempt from any State tax on money at interest. Sec. 27, Act of July 20, 1917, P. L. 1143. 689. PROPERTY USED FOR PUBLIC LIBRARIES, MU- SEUMS OR ART GALLERIES. All property, including buildings and the land reasonably necessary thereto, provided and maintained by public or private charity, and used exclusively for public libraries, museums or art galleries, and not used for private or corporate profit, so long as the said public use continues shall be exempt from taxation by any county, city, borough, township, school-district or poor dis- tricts. Sec. 1, Act of April 20, 190S, P. L. 234, No. 170. 316 690. PUBLIC SCHOOL PROPERTY. All school property owned by any school district, real and personal, that is occupied and used by any school district for public school, recreatibn, or any other purposes provided for by this act, (School Code), shall be, and hereby is made exempt from every kind of State, county, city, borough, town- ship, or other tax, as well as from all costs or expense for paving, curbing, sidewalks, sewers, or other municipal improvements: Pro- vided, That any school district may make any municipal improve- ment, in any street on which its school property abuts, or may con- tribute any sum towards the cost thereof. Sec. 631, Act of May 18, 1911, P. L. 309. 691. CERTAIN PLAYGROUNDS WITH EQUIPMENT AND GROUNDS. All playgrounds, with the equipments and grounds thereof annexed, necessary for the occupancy and enjoyment of the same, founded, endowed, or maintained, by public or private charity, which apply their revenue to the support and repair of such play- grounds and to increase the efficiency and facilities thereof, either in ground or buildings or otherwise and for no other purpose, and owned, leased, possessed, or controlled by public school boards or properly organized and duly constituted playground associations, and approved and accepted by the board of county commissioners or board of revision of taxes of the county in which said playgrounds are situated as such playgrounds, be, and the same are hereby, ex- empt from county, city, borough, rpad, school, and poor taxes for terms of not less than five years: Provided, That a property, real or personal, other than that which is in actual use and occupation for the purpose aforesaid, and from which any income or revenue is de- rived, shall be subject to taxation same as heretofore. Sec. 1. Act of June 12, 1919, P. L. 452. 692. STATE FOREST RESERVATIONS. The title of all lands acquired by the Commonwealth for forestry reservations shall be taken in the name of the Commonwealth and shall be held by the Commissioner of Forestry, and such lands shall not be subject to war- rant, survey or patent, under the laws of the Commonwealth au- thorizing the conveyance of vacant or unappropriated lands, and all such forestry reservation lands shall be exempt from taxation from the time of their acquisition. Part of Sec. 8, Act of February 25, 1901, P. L. 11, No. 9. The Act of April 18, 1919, P. L. 78 (Sees. 674 and 675 above), places an annual charge of one cent per acre on all state forest lands for the benefit of the county. By Sec. 1, Act of April S, 1905, P. L. Ill, and Sec. 1, Act of May 13, 1909, P. L. 744, forest reservations are made subject to a charge for school and township road purposes. 317 693. LANDS ACQUIRED BY THE UNITED STATES. Lands aforesaid, when so acquired, shall forever be exempt from all taxes and assessments so long as the same shall remain the property of the United States, and no longer. Sec. 2, Act of March 17, 190S, P. L. 45. Sec. 1 of this act, which amends Sec. 1, Act of June 13, 1883, P. L. 118, provides "That the jurisdiction of this State is hereby ceded to the United States of America over all such pieces or parcels of land, not _ exceeding ten acres in any one township, ward of city or borough, within the limits of this State, as have been or shall hereafter be selected and acquired by the United States for the purpose of erecting postoffices, custom houses or other structures, exclusively owned by the general government, and used for its purposes." Independently of these provisions property of the United States is not taxable. Mint Realty Co. v. Philadelphia, 218 Pa. 104. 694. CERTAIN PROPERTY OF ORGANIZATIONS EN- TITLED TO EXEMPTION SUBJECT TO TAXATION. All property, real or personal, belonging to any association or incor- porated company which is now by law exempt from taxation, other than that which is in the actual use and occupation of such associa- tion or incorporated company, and from which an income or revenue is derived by the owners thereof, shall hereafter be subjejct to tax- ation in the same manner and for the same purposes as other property is now by law taxable. And so much of any law as is hereby altered and supplied, be, and the same is hereby repealed: Provided, That nothing herein contained shall be construed to exempt cemetery com- panies from taxation. Sec. 13, Act of April 14, 1851, P. L. 622. 695. PROPERTY IN CITIES OF THE FIRST CLASS NO LONGER USED FOR PURPOSES ENTITLING IT TO EX- EMPTION TO BE ADDED TO ASSESSMENT BOOKS AND BE SUBJECT TO TAXATION. Whenever any real estate in the cities of the first class in this Commonwealth, which has been ex- empt from taxation under the law, shall cease to be occupied and used for the purpose or purposes which entitled it to such exemption, it shall be the duty of the board of revision of taxes to add said real estate to the assessment books and to the duplicates thereof in the hands of the receiver of taxes, as taxable for the portion of the year commencing at the time when the right to exemption ceased, and said real estate shall thereupon become subject to taxation at the tax rate fixed for the year for the proportionate part of the year during which it is not entitled to exemption. Sec. 1, Act of April 26, 1893, P. L. 25, No. 20. 318 696. CERTAIN SCRIPT, BONDS AND CERTIFICATES OF INDEBTEDNESS OF COUNTIES. The script, bonds and certi- ficates of indebtedness of any county in this commonwealth, owned by any public corporation within such county, and the income from which is by law appropriated exclusively to the support of the poor and the maintenance of the public roads of such county, be and the same are hereby exempted from taxation for state purposes. Sec. 1, Act of March 24, 1877, P. L. 44, No. 41. The tax on personal property is now a county tax. Quaere: Does the above section operate to exempt this class of securities from the county tax? 697. MUNICIPAL BONDS ISSUED IN ACQUIRING WATER PLANTS OR SYSTEMS. The municipality shall provide an ade- quate sinking-fund for the receipts and revenues derived from said waterworks or systems, for the payment of the interest on such bonds and for their redemption. The bonds shall be payable within thirty years from the date of their issue, and shall be redeemable at such earlier period as the municipality may by ordinance provide, and shall bear interest at a rate to be fixed by the municipality, not ex- ceeding six per centum per annum. The bonds shall be exempt from taxation for any purpose. Sec. 2, Act of April 22, 1909, P. L. 135, amending Sec. 6, Act of May 31, 1907, P. L. 355. 698. CERTAIN BONDS AND MORTGAGES OF STATE NORMAL SCHOOLS. The bond and mortgages of such school, hereby authorized, [shall be signed by the president and attested by the secretary of the board of trustees, under the seal of the school, by the direction of the board of trustees, and shall be payable at such time as they may fix; and the said bonds and mortgages, to be so placed, shall be prior liens to all mortgages and liens of the Common- wealth of Pennsylvania for money heretofore appropriated to the said schools by the State of Pennsylvania ; and that said bonds and mort- gages] shall be and hereby are exempt from all taxes. Sec. 2, Act of May 22, 1901, P. L. 290. The bonds and mortgages herein referred to are such as are issued to refund bonded indebtedness and for certain increase in such indebt- edness to cover obligations incurred before the passage of the act. 319 (c) Assessors. (This sub-division is intended to cover nothing but the election and qualification of assessors, the filling of vacancies, compensation, oath of office and penalties for failure to act. The duties of assessors and penalties for failure to execute the same are provided in the following sub-division. In counties between 1,500,000 and 300,000 there are no assessors. The assessment is made under the supervision of a board for the assessment and revision of taxes, by subordinate assessors in each ditrict, ap- pointed by the board. In Philadelphia, which is the only county over 1,500,000 population, there is a board of revision of taxes, created by the local Act of March 14, 1865, P. L. 320. The provisions herein relat- ing to the election of assessors, etc., therefore, must be taken to apply only to counties below 300,000 population.) 1. Board for the Assessment and Revision of Taxes. 699. IN COUNTIES BETWEEN 1,500,000 AND 800,000 POPU- LATION. CREATION OF BOARD. APPOINTMENT OF MEMBERS. TERM. VACANCIES. SALARIES. In each county of the Commonwealth having a population of not less than eight hundred thousand nor more than one million five hundred thou- sand inhabitants, there is hereby created a board, to be designated as the board for the assessment and revision of taxes, composed of seven persons, citizens of the county. The members of such board shall be appointed by the county commissioners of such county, and shall hold their office for the term of four years from the first Monday of January, one thousand nine hundred and twenty; and the county commissioners shall fill all vacancies in the board for the unexpired term thereof. Each member of such board shall receive a salary of five thousand dollars per annum, payable monthly out of the treasury of the county. Sec. 1, Act of July 22, 1919; P. L. 1093. 700. ASSESSMENT DISTRICT. SUBORDINATE ASSES- SORS. COMPENSATION. CLERKS. The said board shall divide the county into convenient districts, and shall appoint one sub- ordinate assessor for each of said d.istricts. The subordinate as- sessors shall each receive the sum of five dollars per day for the time actually occupied in discharging their duties. The board shall have the right to appoint such clerks as the salary board of the county or other proper authority may allow for the proper discharge of the duties of said board. All salaries herein provided for shall be paid out of the county treasury. Sec. 3, Act of July 22, 1919, P. L. 1093. 320 701. OFFICE OF WARD, BOROUGH AND TOWNSHIP AS- SESSOR ABOLISHED FOR CERTAIN PURPOSES. The ofifke of ward, borough, and township assessor, as now existing in counties coming under the provisions of this act, is hereby abolished, in so far as respects the assessment and valuation of property and occupations taxable for State and county purposes. Sec. 16, Act of July 22, 1919, P. L. 1093. 702. IN COUNTIES BETWEEN 800,000 AND 300,000 POPU- LATION. CREATION OF BOARD. APPOINTMENT OF MEMBERS. TERM. VACANCIES. PRESIDENT OF BOARD. SALARIES. In counties of this Commonwealth, containing a popu- lation of not less than three hundred thousand nor more than one mil- lion, as shown by the last preceding United States census, all as- sessments and valuations of property, whether real or personal, tax- able for State and county purposes, including occupations, shall be made by a Board consisting of three persons, to be designated as the Board for the Assessment and Revision of Taxes. The members of the said Board shall be appointed by the court of common pleas of the proper county, or, if there be more than one court, then by the several courts of common pleas of such county, and shall hold their offices for the term of three years ; and the said court or courts shall fill all vacancies occurring from time to time in said Board. The said Board shall designate one of its members as President of the Board, and each member of said board shall receive a salary of four thou- sand dollars per annum. v Sec. 1, Act of March 24, 1905, P. L. 47, No. 32. This section is supplied as to counties between 1,000,000 and 800,000 by Sec. 699 above. Sec. 3, of the above act (Sec. 825 below) abolishes the office of ward, borough and township assessors in so far as respects the assessment and valuation of property and occupations taxable for State and county purposes in counties coming under the provisions of the act. 2. Election of Assessors and Assistant Assessors. 703. IN WARDS OF THIRD CLASS CITIES. The qualified voters of each ward in cities of the third class shall, on the third Tues- day of February, Anno Domini one thousand eight hundred and ninety, and triennially thereafter, vote for and elect a properly quali- fied person, according to law, to act as county assessor in each of said wards, under existing laws, who shall serve for three years and shall make the triennial assessment the second year of his term to office. Sec. 1, Act of May 9, 1889, P. L. 139, No. 156. Assessors are now elected at the municipal election in odd-numbered years for a term of four years, under the constitutional amendment of 1909. 321 ? ! 704. IN BOROUGHS. The qualified voters of every borough and township in the Commonwealth of Pennsylvania, shall on the third Tuesday of February, Anno Domini one thousand eight hun- dred and eighty-nine, and triennially thereafter, vote for and elect a properly qualified person for assessor in each of said districts, who shall serve for three years. Sec. 1, Act of February 14, 1889, P, L. 7, No. 8. This section is repealed in so far as it applies to township assessors by the Act of July 14, 1917, P. L. 840. The provisions for the election of township assessors will be found in Sees. 120, 121, 160 and 161 of the Act of 1917 (Sees. 707 to 710 below). Assessors are now elected at the municipal election in odd-numbered years for a term of four years, under the constitutional amendment of 1909. 705. IN BOROUGHS WHEN DIVIDED INTO WARDS. When any borough has beeen or shall be divided into wards, the qualified voters of each of such wards shall severally elect, at the time aforesaid, a properly qualified person as assessor for said ward. Sec. 1, Act of May 8, 1889, P. L. 133, No. 148, amending Sec. 2, Act of February 14, 1889, P. L. 7, No. 8. 706. IN BOROUGHS DIVIDED INTO MORE THAN TWO WARDS NO ASSISTANT ASSESSORS TO BE ELECTED. In all boroughs which may be divided into more than two wards Under said act, the assessors elected for the various wards shall jointly perform the duties required by la,w of assistant assessors in making the triennial assessment in the several wards, and there shall not in any such wards be any assistant assesors elected. Sec. 2, Act of May 10, 1878, P. L. 51, No. 72. 707. IN FIRST CLASS TOWNSHIPS, ASSESSOR AND AS- SISTANT TOWNSHIP ASSESSOR. TERM. NUMBER OF ASSESSORS AND ASSISTANT ASSESSORS. COMPENSA- TION OF ASSISTANT TOWNSHIP ASSESSOR. At the muni- cipal election following the designation of a township of the first class, and at the municipal election every four years thereafter, the qualified electors of such township of the first class shall elect a township assessor and an assistant township assessor. The town- ship assessor and assistant township assessor elected as herein pro- vided shall hold office for a term of four years from the first Monday of January next following their election. In each township of the first class where the term of the township assessor now in office ex- pires on the first Monday of January, one thousand nine hundred and twenty, the qualified electors of such township shall, at the 21 322 municipal election in the year one thousand nine hundred and nine- teen, elect one township assessor and one assistant township asses- sor, who shall hold office for terms of four years each from the first Monday of January succeeding their election; and quadrennially thereafter, a township assessor and an assistant township assessor shall be elected for terms of four years each frorri the first Monday of January succeeding their election. In each township of the first class where the term of the town- ship assessor now in office expires on the first Monday of January, one thousand nine hundred and twenty-two, the qualified electors of such township shall, at the municipal election in the year one thou- sand nine hundred and nineteen, elect one assistant township as- sessor, who shall hold office for a term of four years from the first Monday of January succeeding his election; and biennially there- after, at each municipal election, the qualified electors shall elect one township assessor or one assistant township assessor, as the case may be, for a term of four years from the first Monday of Jjm- uary succeeding his election. It is the intention of this act that in each township of the first class there shall be one township assessor and one assistant town- ship assessor, in addition to the two assistant assessors now pro- vided for, to assist in the valuation of real estate at the triennial assessment. The compensation of the assistant township assessor shall be the same as now provided for by law for the township assessor, and shall be paid by the county. Sec. 1, Act of June 18, 1919, P. L. 501, amending Sec. 120, Act of July 14, 1917, P. L. 840. 708. ASSISTANT ASSESSORS IN FIRST CLASS TOWN- SHIPS. In all townships of the first class now organized the qualified electors shall, at the municipal election preceding the ex- piration of the term of the assistant assessors now in office, and at the municipal election every four years thereafter, elect two citizens, resident in said township, to be assistant assessors to take the place of those whose terms expire on the first Monday of January next following such election. In all townships hereafter designated as townships of the first class the qualified electors of such township shall, at the municipal election next following such designation, elect two citizens, resident in said township, to be assistant assessors. All assessors elected under the provisions of this section shall hold their office for a term of four years from the first Monday of Jan- uary next following their election. 323 The election of assistant assessors provixied for in this section shall extend only to the election of assistant assessors for the valuation of property for taxation, and shall not repeal or aflfect the provisions of any statute providing for the election of assistant assessors for the performance of duties relating to elections. The assistant assessors elected under this section shall aid the township assessor only in making any triennial assessment, of property made during their re- spective terms of office. Sec. 121, Act of July 14, 1917, P. L. 840. 709. IN SECOND CLASS TOWNSHIPS. TERM. At the municipal election in the year one thousand nine hundred and seven- teen, and at the inunicipal election every four years thereafter, the qualified electors of each township of the second class shall elect one township assessor. The township assessor elected under this sec- tion shall hold his office for a terra of four years from the first Mon- day of January next following his election. Sec. 160, Act of July 14, 1917, P. L. 840. 710. WHEN NEW SECOND CLASS TOWNSHIP IS ESTAB- LISHED. TERMS. Whenever a township of the second class is created by the division of a township of the first or second class, under the provisions of chapter three, article four of this act; or whenever a township of the second class is created by /e-establish- ment from a township of the first class, as provided by chapter three, article three of this act; or>^whenever a township of the sec- ond class is erected, under the provisions of chapter three, article one of this act, and, in the latter case, the court so orders, — the qualified electors of any such township shall, at the next municipal election, elect one township assessor, for either of the following terms ; to wit, — if such election occurs in the year in which an elec- tion for assessor is held under the provisions of section one hundred and seven of this act, then such assessor shall be elected for a term of four years. If such election occurs in a year when no assessor is elected under the provisions of said section one hundred and sixty, then such assessor shall be elected for a term of two years. All assessors elected under this section shall hold their office for a term of two or four years, as the case may be, from the first Mon- day of January next following their election. At the municipal election preceding the expiration of the term of any of the aforesaid assessors, and at the municipal election every four years thereafter, an assessor shall be elected for a term of four years to hold office from the first Monday of January next succeeding such election. Sec. 161, Act of July 14, 1917, P. L. 840. 324 711. IN CERTAIN CITIES NOT OTHERWISE PROVIDED FOR. The citizens of every ward, township and district, within the city of Philadelphia, and the several counties of this state, shall on the same day, and at the same time and place, and under the same regulations as Inspectors for the general elections are directed to be chosen, annually elect one citizen, residing within such ward, township or district, to be an assessor for the term of one year; and in the year one thousand eight hundred and one, and every third year following, two other citizens to be assistant assessors for the term of one year, to do and perform the several duties enjoined and required of them by this act; and the constables holding such elec- tions shall make a return thereof, signed by the judges, within ten days, to the commissioners of their proper county, or either of them, who shall file the same in their office; and if any constable shall neglect to make such return, he shall forfeit and pay the sum of five dollars for every such neglect. Sec. 4, Act of April 11, 1799, 3 Sm. L. 392. It is believed that this section is still in force as to assessors of county taxes in cities of the second class not located in counties be- tween 1,400,000 and 300,000 population, and in cities of the third class which have not accepted the provisions of the Act of May 23, 1874, P. L. 230, and wherein the election of assessors of county taxes is not otherwise provided for by local laws. 712. LIST OF ASSESSORS AND ASSISTANT ASSESSORS AND DISTRICTS FOR WHICH ELECTED, The clerk of the court of quarter sessions of every county within this commonwealth, shall, within fifteen days after the township elections, in each year, are returned into his office, to make out, certify, and deliver, under his hand and seal of office, to the commissioners of his proper county, a list of the names of the persons elected to the offices of assessors and assistant assessors, and the names of the wards, townships, in- corporated districts, and boroughs, within their respective counties, for which they were respectively elected, and shall be allowed there- for the usual fees for equal or similar services, to be paid out of the' county treasury. Sec. 9, Act of June 13, 1840, P. L. 683. 3. Filling of Vacancies. 713. APPOINTMENT WHEN ASSESSOR REFUSES OR NEGLECTS TO QUALIFY, ETC. Whenever an assessor refuses or neglects to qualify as required by law, or refuses or neglects to receive the precept and books for the triennial or other assessment, 325 the commissioners are hereby authorized to appoint a $viitable per- son to serve as assessor on the eighth day after the time designated by law to begin the assessment. Sec. 1, Act of May 5, 1897, P. L. 39, No. 33. 714. FILLING OF VACANCIES IN THIRD CLASS CITIES. Should any vacancy occur in either of said offices from death, re- moval, resignation or otherwise, the same shall be filled by the county commissioners of the county in which such city shall be situate, and the person so appointed shall serve until the election for assessor, as provided b)rthis act. Sec. 2, Act of May 9, 1889, P. L. 139, No. 156. 715. FILLING OF VACANCIES IN TOWNSHIPS. If the electors of any township shall fail to choose an assessor or assistant assessor at the time appointed by law, or if any person elected to such office shall neglect or refuse to serve therein, or if any vacancy shall happen therein, by death or otherwise, the commissioners of the county shall appoint a fit person to fill the office who shall have the same powers, be subject to the same penalties, and receive the same compensation, as if he had been elected in manner aforesaid. Sec. 87, Act of April IS, 1834, P. L. 537, No. 247. 716. TERM OF PERSON APPOINTED TO FILL VACANCY. Whenever the commissioners of any county shall, under existing laws, appoint a person to fill the office of assessor, such person shall ' serve until the next election for assessors, as provided by this act. Sec. 4, Act of February 14, 1889, P. L. 7, No. 8. 4. Oath of Office. 717. OATH REQUIRED. The assessors of the several wards, townships and districts, within this Commonwealth, shall imme- diately on the receipt of the precept from the county commissioners, according to the second section of the act entitled "An act relating to county rates and levies, and township rates and levies," passed the fifteenth day of April, one thousand eight hundred and thirty- four, and before entering upon the duties of their office, take and subscribe the following oath or affirmation: Part of Sec. 1, Act of May 15, 1841, P. L. 393. For the form of oath, see the following section. 718. FORM OF OATH. Instead of the oath or affirmation di- rected to be administered to the assessors and assistant assessors of taxes, according to the first and second sections of the act passed 326 the fifteenth day of May, one thousand eight hundred and forty-one (preceding section), the following shall be the form of the oath or affirmation, to wit: "You do (swear or affirm) that you will sup- port the constitution of the United States, and the constitution of Pennsylvania, that you will, as assessor for (ward, district or town- ship), use your utmost diligence and ability to discover and ascer- tain all the property, real and personal, within your (ward, district or township), and all other objects subject to taxation by the laws of this commonwealth, and take an accurate account of the same, and that you will justly and honestly, to the best of your judgment, assess and value every separate lot, piece or tract of land, with the improvements thereon, and all personal property made taxable by the laws of this commonwealth within your (ward, district or town- ship), at the rate or price which you shall, after due examination and consideration, believe the same would sell for, if sold singley and separately at a bona fide sale, after full public notice; and that you will ra.te all offices and posts of profit, trades and occupations, at what you shall believe to be the actual yearly income arising there- from, and that you will perform your duty as assessor of said (ward, district or township), with honesty and fidelity, according to the laws of this commonwealth, without fear, favor or affection, hatred, malice or ill -vsfill." Sec. 9, Act of July 27, 1842, P. L. 441. 719. COPY OF OATH TO BE FILED WITH COMMIS- SIONERS. It shall be the duty of each assessor and assistant as- sessor to produce to the commissioners of the county within twenty days after his election or appointment, a copy of the oath or affirma- tion taken and subscribed by him as is hereinbefore directed and attested by the person by whom the same was administered which shall be filed by the commissioners in their office. Sec. 88, Act of April 15, 1834, P. L. 537, No. 247. 5. Compensation. (NOTE: In counties between 1,500,000 and 300,000 there are no assessors. The assessments are made by boards for the assessment and revision of taxes, assisted by subordinate assessors. For the compen- sation of the members of these boards and the subordinate assessors see Sees. 699, 700 and 702 above and Sec. 824 below.) 720. IN COUNTIES OVER 1,500,000 POPULATION. SALARY OF REAL ESTATE ASSESSORS. On and after the first day of June, nineteen hundred and nineteen (1919), in counties containing a population of more than one million five hundred thou- sand (1,500,000) inhabitants, the annual salary of each real estate as- 327 sessor appointed by the Board of Revision of Taxes in the said coun- ties shall be four thousand dollars ($4,CXX)), payable as now -pro- vided by law for the payment of salaries of officials and employes in said counties. Sec. 1, Act of July 21, 1919, P. L. 1057. 721. IN THIRD CLASS CITIES. ACCOUNT OF DAYS EMPLOYED. RETURN TO COUNTY COMMISSIONERS. COMPENSATION. Each assessor and assistant assessor for county purposes, in cities of the third class, shall keep an account of the several days by him actually employed in the performance of his duties, and shall make return of the same to the commis- sioners of the county, verified by his oath' or affirmation, and for each day necessarily so employed he shall receive the sum of five dollars. Sec. 1, Act of April 7, 1919, P. L. 38. 722. IN BOROUGHS AND TOWNSHIPS. ACCOUNT OF DAYS EMPLOYED. RETURN TO COUNTY COMMIS- SIONERS. COMPENSATION. It shall be the duty of each bor- ough and township assessor and assistant assessor to keep an ac- count of the several days by him actually employed in the perform- ance of his duties, and to make return of the same to the county commissioners, verified by his oath or affirmation ; and for each day so employed he shall receive the sum of five dollars. Sec. 1, Act of April 4, 1919, P. L. 35. It is not believed that it was the intention of the legislature that this act should apply to first class townships, as this would in certain cases operate as a reduction of compensation. Ample provisions for first class townships are made in the two following sections. 723. OF ASSESSORS AND ASSISTANT ASSESSORS IN FIRST CLASS TOWNSHIPS. The assessor in each township of the first class in this Commonwealth shall receive, as compensation for his services, ten ($10.00) dollars per diem for each day actually employed by him in the performance of the duties of his office, both in making the triennial assessment and in making the supplemental assessments, in the intervening years between the years of the triennial assessment; the said compensation to be paid by the county as heretofore. The compensation of the assistant assessors in the said townships of the first class shall be five ($5.00) dollars per diem for each day actually employed by them, respectively, in the per- formance of the duties of their office; to be paid by the county as heretofore. Sec. 1, Act of May 20, 1913, P. L. 264. Sec. 1, Act of June 18, 1919, P. L. 501, amending Sec. 120, Act of July 14, 1917, P. L. 840 (Sec. 707 above), provides "The compensation 328 of the assistant township assessor shall be the same as now provided for by law for the township assessor, and shall be paid by the county." This applies only to the assistant township assessor whose election is • provided for in the section referred to. The two assistant assessors provided for by Sec. 121 of the Act of July 14, 1917, P. L. 840 (Sec. 708 above), will continue to receive their salary under the act of 1913 above. See also note to preceding section. 724. RETURN OF DAYS EMPLOYED. BASIS OF COM- PENSATION TO BE PAID. The said assessors and assistant assessors shall make return, on oath or affirmation, to the township commissioners of the proper township, of the number of days actually employed by them in the performance of the duties of their office; and the township commissioners are hereby empowered to summon the respective assessors and assistant assessors before them, and examine them, upon oath or affirmation, as to the accuracy of the said return. When the township commissioners shall have deter- mined, either from the returns of the assessors and assistant asses- sors or from their examination of them, as aforesaid, the number of days actually employed by them, respectively, in the performance of duties of their office, they shall certify the same to the county com- missioners; and the said certificates shall be final and conclusive as to the number of days actually employed by the said assessor and assistant assessors in the performance of the duties of their office, upon which their compensation is to be calculated, as aforesaid. Sec. 3, Act of May 20, 1913, P. L. 264. 725. MILEAGE ALLOWED IN CERTAIN CASES. When- ever any assessor or assistant assessor, whose duties pertain to making assessments for purpose of State and county taxation, or cither, shall be required to travel ^o the county-seat of his county, or to any place of sitting of the county commissioners elsewhere than at the county-seat, he shall receive from the county mileage at the rate of three cents a mile for each mile necessarily traveled, both go- ing and returning, in addition to the per diem compensation for serv- ices allowed by law. Sec. 1, Act of April Zi, 1909, P. L. 146, No. 99. 6. Penalties. 726. PENALTY FOR REFUSING TO SERVE. If any per- son appointed collector, from whom security shall not be required, or if any assessor shall refuse to serve, he shall forfeit and pay the sum of twenty dollars, to be recovered before a justice of the peace or alderman, at the suit of the commissioners, as debts of similar amount 329 are now recoverable: Provided, That no person who shall have served as collector or assessor, shall be appointed or chosen for a second term, without his consent, for the term of ten years. Sec. 2, Act of February 28, 1835, P. L. 45. The penalty herein provided has been changed from twenty to fifty dollars by Sec. 20, Act of April 22, 1846, P. L. 486. 7. Interpreters in Counties of Less Than 200,000 Population. 727. APPOINTMENT AUTHORIZED. County commissioners may appoint interpreters, to act as such for assessors or assistant assessors. Sec. 1, Act of June 1, 1915, P. L. 659. 728. ASSIGNMENTS. DUTIES. Such interpreters may be as- signed by the county commissioners to assist any assessor or as- ' sistant assessor, and shall accompany him to his district at and for such time as the commissioners may designate. Such interpreters shall, on behalf of such assessor or assistant assessor, and under his direction and control, administer oaths, and interrogate any taxable concerning name, occupation, residence, and property of said taxable. Sec. 2, Act of June 1, 1915, P. L. 659. 729. NUMBER. TERM OF SERVICE. The number of said interpreters, so appointed, shall be within the discretion of the county commissioners, provided not more than one interpreter be employed to a district ; and, in no event, shall any interpreter be employed for a greater length of time than ten days in any one district. , Sec. 3, Act of June 1, 1915, P. L. 659. 730. COMPENSATION. The compensation for interpreter ap- pointed under the provisions of this act shall be two dollars and fifty cents per day, and traveling expenses, payable upon warrant of county commissioners, out of the county treasury. Sec. 4, Act of June 1, 1915, P. L. 659. 731. ACT TO APPLY ONLY TO COUNTIES OF LESS THAN 200,000 POPULATION. This act shall apply only to coun- ties having a population of less than two hundred thousand in- habitants. , Sec. 5, Act of June 1, 1915, P. L. 659. 330 (d) Assessments. 1. General Provisions. 732. PRECEPTS FOR TRIENNIAL ASSESSMENTS. TIME FOR ASSESSMENT AND RETURN. The commissioners of the several counties of this Commonwealth shall issue their precepts, to make the triennial assessment of property, to the assessors of their respective townships, boroughs, wards and districts on or before the second Monday of September; and the said assessors are hereby required to complete the said assessment, and make their return thereof, not later than the thirty-first day of December, Anno Domini one thousand nine hundred and three, and triennially there- after. Sec. 1, Act of April 23, 1903, P. L. 292, No. 224. This act supersedes the Act of April 20, 1897, P. L. 28. 733. TRIENNIAL ASSESSMENTS IN FIRST CLASS TOWNSHIPS. [In every year in which takes place the triennial assessment of property for taxation, the qualified voters in each township of the first class shall elect, at the township election, two citizens, resident in said township, to be assistant assessors;] and the triennial assessment of property for taxation, provided for by existing laws, shall be made in each township of the first class by the township assessor and the said assistant assessors, subject to cor- rection by the county commissioners, and to appeal by the taxable perons in accordance with existing laws: Provided, however, That for the triennial assessment which is to take place in the year of our Lord one thousand nine hundred and three, two such assistant as- sessors shall be appointed ^by the board of township commissioners of each township of the first class. Sec. 1, Act of April 23, 1903, P. L. 284, No. 215. The part of this section enclosed in brackets is supplied by the town- ship code. Act of July 14, 1917, P. L. 840. See Sec. 707 above. 734. COMMISSIONERS TO FURNISH BOOKS, ETC., TO ASSESSORS IN FIRST CLASS TOWNSHIPS. The assessors of townships of the first class be furnished by the county commissioners all books, blank-foVms and papers four months prior to day appointed for appeal. Sec. 1, Act of April 20, 190S, P. L. 236, No. 173. 735. EXTENSION OF TIME FOR RETURN IN FIRST CLASS TOWNSHIPS. In case the assessors in any township of the first class in this Commonwealth are not able properly to com- plete the triennial assessment of property in their township, and 331 make return thereof to the county commissioners, on or before the thirty-first day of December, as provided by law, it shall be lawful for the said assessors to continue the performance of their duties, and to make return of their assessment to the county commissioners after the said thirty-first day of December: Provided, That, unless prevented by sickness or by stress of weather, the said assessors shall be continuously engaged in the actual performance of their duties, from and after the date of the delivery of the precept to them, until the assessment is completed and their return thereof made: And provided further. That in no case shall the return of the said as- sessment be made later than the fifteenth day of February of the year following the delivery of the precept to the said assessors. Sec. 2, Act of May 20, 1913, P. L. 264. 736. ASSESSMENT OF AND LEVY ON PROPERTY OMITTED FROM TRIENNIAL ASSESSMENT. Whenever any taxable real estate shall be omitted to be assessed at the triennial as- sessment, the assessor, on notice thereof, shall forthwith assess and return the same to the proper office, which assessment shall be sub- ject to appeal, and shall continue until the next triennial assessment, and its proper proportion of all taxes to which such real estate is liable levied after such assessment shall be laid thereon. Sec. 1, Act of April 28, 1868, P. L. 105, No. 66. 737. ASSESSMENTS AND REVISIONS. It shall be the duty of the several assessors and assistant assessors to assess, rate, and value all objects of taxation, whether for state, county city, district, ward, township, or borough purposes, according to the actual value thereof, and at such rates and prices, for which the same would separately bona fide sell, and on the return of such assessment or valuation into the office of the county commissioners, after the same shall have been carefully examined and corrected, it shall be lawful for said commissioners, if they believe any property or thing made taxable, has been assessed and valued below its actual value, to raise the same to the actual value thereof, or if the same has been as- sessed and valued above its actual value, to reduce the same theireto. Part of Sec. 4, Act of May IS, 1841, P. L. 393. 738. RETURN OF PROPERTY EXEMPTED FROM TAX- ATION. It shall be the duty of the several assessors in this com- monwealth, to make return of all property now, or which hereafter may be specially exempted by act of assembly from taxes, in a separate list, to the commissioners of the proper county, for which service the said assessors shall receive the same compensation as is allowed for like services in other pases. S?c. S, Act of April 5. 1849, P. L. (18S0) 962. 332 739. ANNUAL RETURN OF TAXABLE INHABITANTS. The assessors of the several counties shall in each and every year make a return to the county commissioners of all the taxable in- habitants within their respective wards, townships, and districts, which return shall state the names and surnames and the address of each of said taxable inhabitants, stating the street and number of the house in which such inhabitant resides. In all cases where such taxable inhabitant resides in a house not having a street and number address, the name of the owner of the house and his or her address, as definitely as possible, shall be given : Providing, how- ever. That the provisions of this act shall not affect the title. Sec. 1, Act of July 17, 1919, P. L. 1005. 740. WARD ASSESSORS IN BOROUGHS TO ACT AS A BOARD. BOARD TO MAKE ASSESSMENTS. The assessors elected pursuant to the provisions of this act shall perform all the duties of assessors under the laws of this Commonwealth, as well as those related to elections, as to the valuation of property: Pro- vided, That in making the valuation of property the assessors of all the wards shall act as a board of assessors, and such board of as- sessors shall make the assessments of all the subjects of taxation in the borough, for borough, school, district and county purposes, and return thereof shall be made to the county commissioners, as now provided by law, subject to revision by the county commissioners, as now provided by law. Sec. 1, Act of July 9, 1901, P. L. 613, amending Sec. 3, Act of February 14, 1889, P. L. 7, No. 8, as amended. For the election of these assessors see Sees. 704 to 706 above. 2. Intermediate Assessments. 741. PRECEPTS FOR REASSESSMENTS BETWEEN PERIODS OF TRIENNIAL ASSESSMENTS. COMPLETION OF REASSESSMENT AND RETURN. The said commissioners shall issue their precepts to the assessors, aforesaid, to make the re- assessment of property, between the periods of the triennial assess- ment, on or before the second Monday of September; and the said assessors are hereby required to complete the said reassessment, and to make their return thereof, not later than ninety days from the date of the issuing of said precepts. Sec. 1, Act of April 13, 1911, P. L. 64, No. 62, amending Sec. 2, Act of April 23, 1903, P. L. 292, No. 224. 333 742. TRANSCRIPT OF TRIENNIAL ASSESSMENT AND PRECEPT FOR SUPPLEMENTAL ASSESSMENTS TO BE SENT TO ASSESSORS. On or before the first day of April in each of the two years succeeding the triennial assessment the com- missioners of the respective county shall send a transcript of such triennial assessment to the assessor of every ward, township, and district therein, together with their precepts, requiring him to take an account of all freemen and of all personal property taxable by law, together with a just valuation of the same, and also a valuation of all offices and posts of profit, professions, trades, and occupations taxable by law, enjoining such assessor to make a just return to them within thirty days after the date of such precept, and to note in such return such alterations in his ward, township, or district as may have been occasioned by the transfer or division of real estate, or by the destruction of buildings, or by the mining out of coal, ore, or other minerals, assessed under the triennial assessment, and also noting all single freemen who have arrived at the age of twenty-one years since the last triennial assessment, and all others who have since that time come to inhabit in such ward, township, or district, together with the taxable property such persons may possess and the valuation thereof, agreeably to the provisions of this act. Sec. 1, Act of May 8, 1909, P. L. 491, No. 273, amending Sec. 11, Act of April 15, 1834, P. L. 509. This amendment overlooks the Act of April 23, 1903, P. L. 292, which changed the date of the issuing of precepts in the intermediate years to the second Monday of September. Since the purpose of the amend- ment of 1909 was simply to give assessors authority to reassess prop- erty where the value was decreased by the mining out of coal and minerals, it is thought that no change in the date of the issuing of the precepts as provided in the Act of 1903 would be occasioned by the Act of 1909. The act, however, would remain in force as to the duties of the assessors in making reassessments in the intermediate years. 743. SUPPLEMENTAL ASSESSMENTS FOR CERTAIN PURPOSES. COMPENSATION OF ASSESSORS. The county commissioners may, in their discretion, issue their precepts to the assessors of the respective wards, districts, boroughs, and townships, on or before the first day in March of each year, for the assessment "of such persons as may remove into the respective township, ward, borough, or district since the last assessment, and for the reassess- ment of such property as may have been transferred since the last assessment, and for the assessment of those who may have been omitted from last assessment. And it shaill be the duty of such assessors to make such assessment, and return the same, before the twenty-fifth of May. For such service the said assessors shall re- 334 ceive, out of the county funds, such compensation as may be fixed by the county commissioners, not, however, exceeding the per diem compensation fixed by law. Sec. 1, Act of May 20, 1913, P. L. 241. This act supplements thp Act of April 23, 1903, P. L, 292, as amended, Sec. 741 above. For provisions as to compensation of assessors, see Sees. 720 to 725 above. The compensation provision herein seems to conflict with the provisions of Sec. 723 above. 744. REASSESSMENT OF REAL ESTATE IMPROVED SUBSEQUENT TO LAST TRIENNIAL ASSESSMENT. The assessors of the several counties of this commonwealth are hereby authorized and directed to reassess, between the periods of the tri- ennial assessments, all real estate which may have been improved by the erection of building-s, or other improvements, subsequent to the last preceding triennial assessments, subject to appeals as now provided by law; and all reassessments made during the past year, are hereby declared to be as valid and effectual as if made in pur- suance of law. Sec. 34, Act of April 10, 1849, P. L. 578. 3. Records of Conveyances. 745. REGISTRATION OF CONVEYANCES IN COMMIS- SIONERS' OFFICE IN COUNTIES OVER 500,000 POPULA- TION. On and after the first day of January, Anno Domini one thousand nine hundred, all deeds and other conveyances of real es- tate, in the several counties of this Commonwealth having a popu- lation of over five hundred thousand, shall be registered in the of- fice of the county commissioners before being entered of record in the office of the recorder of deeds. Sec. 1, Act of May 2, 1899, P. L. 162, No. 110. For the remaining sections of this act see Sees. 519 and 520 above. 746. IN COUNTIES NOT OVER 400,000 POPULATION RE- CORDER TO KEEP SEPARATE RECORD OF CONVEY- ANCES. CONTENTS OF RECORD. FILING. FEE OF RECORDER. From and after the passage of this act, it shall be the duty of the recorder of deeds in each and every county in the Com- monwealth of Pennsylvania, having a population not to exceed four hundred thousand, to keep a daily record, separate and apart from all other records, of every deed or conveyance of land in said county, entered in his office for recording, which said record shall set forth the following information ; to wit, the date of the deed or conveyance, 335 the names of the grantor and grantee^ the consideration mentioned in the deed, the location of the property as to city, borough, ward, or township, the acreage of the land conveyed, if mentioned, and, if the land conveyed be a lot or lots on a recorded plan, the number or numbers by which the same may be designated on the plan, if men- tioned in the deed; and it shall be the further duty of the recorder, on the first Monday of each month, to file the aforesaid daily record in the commissioners' office of the proper county, together with his certificate, appended thereto, that such record is correct; and the said recorder of deeds shall charge, and collect from the person pre- senting a deed of conveyance for record the sum of fifteen (15) cents, when it contains but one description of land, and ten (10) cents for each additional description therein described, which sum shall be in full compensation for his services under this act. Sec. 1, Act of April 13, 1911, P. L. 62. 747. COMMISSIONERS TO FURNISH STATEMENT FROM RECORD TO ASSESSORS. It shall be the duty of the county commissioners of the proper county, upon receipt of such daily re- port from the office of the recorder of deeeds, to keep the same on file in their office ; and, prior to the making of the annual and of the triennial assessment, to deliver to the assessor or assessors of each city, borough, ward, or township, before he shall enter upon the dis- charge of his duty as assessor of the real estate in his district, a statement or statements of all such deeds and conveyances of all such real estate within said district, together with all the information regarding the same, as set forth in section one of this act, to be used by such assessor or assessors in making the assessment in the name of the owners of the real estate, and in ascertaining the value of such real estate. Sec. 2, Act of April 13, 1911, P. L. 62. 748. DUTY OF ASSESSORS. It shall be the duty of such as- sessor or assessors, in making the triennial assessment and the in- termediate annual assessments, to ascertain the owner or owners of each tract, piece, parcel, or lot of ground assessed, at the time of such assessment, and to assess the same in the name of the then owner or owners, as thus appears in such statement, unless, to his peronal knowledge, there has been thereafter a change in the own- ership, so that such tract, piece, parcel, or lot of real estate shall be assessed in the name of the then owner or owners, and to return the said assessment to the county commissioners in the manner directed by law. Sec. 3, Act of April 13, 1911, P. L. 62. 336 749. PURPOSE AND INTENT OF ACT. It is the purpose and intent of this act to provide a system of registration of real es- tate in each city, borough, ward, or township, in counties with a population not to exceed four hundred thousand, within this Com- monweath, in order that as far as may be practicable all real estate shall be assessed for taxation in the name of the owner or owners at the assessment; and all acts and parts of acts, general, local or spe- cial, inconsistent herewith, be and the same are hereby repealed. " Sc. 4, Act of April 13, 1911, P. L. 62. 750. RECORD OF CONVEYANCES ENTERED IN RE- CORDER'S OFFICE TO BE KEPT IN FIRST CLASS TOWN- SHIPS IN COUNTIES WHERE THERE IS NO BOARD FOR THE ASSESSMENT AND REVISION OF TAXES. FORM AND CONTENTS OF RECORD. The township commissioners in townships of the first class, except in those counties having a board for the assessment and revision of taxes for State and county purposes, shall cause the secretary to keep record books, in the form of the indexes kept in the office of the recorder of deeds for the in- dexing of deeds. In such books the secretary shall enter, when notified by the recorder of deeds of the county as now provided by law, each deed or conveyance of any tract, piece, parcel, or lot of real estate within the township; noting the names of the grantor and graniee, the acreage of the land conveyed, if mentioned, the con- sideration mentioned in the deed, and the election district or dis- tricts in which the same is located, and, if the land conveyed is a lot in a recorded plan, the number by which the same may be desig- nated on the plan. In one such record book conveyances shall be noted in the name of the grantor first, and in another they shall be noted in the name of the grantee. Sec. 303, Act of July 14, 1917, P. L. 840. This section supplies Sec. 1, Act of April 29, 1909, P. L. 275, as amended, which section is repealed by the Act of 1917. 751. RECORDER IN COUNTIES WHERE THERE IS NO BOARD FOR THE ASSESSMENT AND REVISION OF TAXES TO COLLECT FEE AND TRANSMIT ABSTRACT OF DEEDS TO TOWN CLERK OF FIRST CLASS TOWNSHIPS. DUTIES OF TOWN CLERK. Before the recorder of deeds of any county, wherein there is no board for the assessment and revision of taxes for State and county purposes, shall admit to record in his office any deed of conveyance of land in any township of the first class within said county, he shall charge, and collect from the person present- ing the said deed of conveyance for record, the sum of fifteen (15) cents, as a fee for the service hereinafter prescribed; and, at the 337 • time of admitting the said deed of conveyance to record, the said recoi-der of deeds shall transmit to the town clerk of the township of the first class, in which the said land so conveyed may be located, an abstnact of the said deed of conveyance, giving the name of the grantor, the name and address of the grantee, the acreage conveyed, if mentioned, and the consideration money mentioned; and, if the land conveyed be a lot or lots on a recorded plan, the number or numbers by which the same may be designated on the plan, if men- tioned in the deed ; and it shall be the duty of the town clerk to note the said deed of conveyance in the record books hereinbefore directed to be kept, in the manner hereinbefore prescribed; and it shall be the further duty of the town clerk, without any fee or compensation therefor, other than the salary of his office, to ascertain and note on the said record books the election district or districts of the said township in which the said land so conveyed may be located. Sec. 2, Act of May 14, 1915, P. L. 489, amending Sec. 2, Act of April 29, 1909, P. L. 275. 752. ASSESSORS IN FIRST CLASS TOWNSHIPS TO EX- AMINE RECORDS AND MAKE AND REVISE ASSESSMENTS ACCORDINGLY. It shall be the duty of the assessor and as- sistant assessor in each township of the first class, before making the triennial assessment, to examine the record books required by this act to be kept, and to assess each tract, piece, parcel, or lot of land in the said township in name of the owner thereof, as shown by the said record books; and it shall further be the duty of the as- sessor, in the years intermediate between the triennial assessments, vto revise the preceding assessment according to the changes of own- ership as shown by the record books, so that each tract, piece, parcel, or lot of real estate in the said township shall be assessed in the name of the then owner as shown by the said record books, and to return the said revised assessment to the county commissioners in the man- ner directed by law. Sec. 3, Act of April 29, 1909, P. L. 275. 753. PURPOSE AND INTENT OF ACT. It is the purpose and intent of this act to provide a system of registration of real estate in townships of the first class within this Commonwealth, in order that, as far as may be practicable, all real estate in such townships shall be assessed for taxation in the name of the owner at the time of the assessment ; and all acts or parts of acts, general, local, or spe- cial, inconsistent herewith, be and the same are hereby repealed. Sec. 4, Act of April 29, 1909, P. L. 275. 22 338 4. Special Classes of Property. 754. DECEDENTS' PROPERTY. ASSESSMENT. COL- LECTION. LIENS. Where any person shall hereafter die, leav- ing real or personal estate, which, by the existing laws of this com- monwealth, is subject to taxation for state or county purposes, such property, so long as the same shall belong to the estate of such de- ceased person, may be taxed in the name of the decedent, or in the name of his administrator or administrators, executor or executors, or his heirs generally, or in the name of any of the administrators, executors or heirs ; and in taxing it in the names of the executors, ad- ministrators or heirs, it shall not be necessary to designate them by their christian or surnames; and such tax on such real estate shall remain a lien on the part taxed for the period of one year, from the first day of June following the assessment of said tax, and may be collected from the person or persons in possession thereof, in the same manner as is now provided by law; and all taxes heretofore thus assessed, are hereby declared to be legal, and may be collected in the manner herein provided: Provided also. That the expiration of the lien of said tax shall not prevent the collection thereof, within the time now provided in other cases; and where a different time is affixed by law for the existence of the lien of any such tax, this act shall not operate as a repeal of such law, but the same shall be con- strued as controlling the provisions of this section, so far as regards the time such lien is to continue in force. Sec. 23, Act of April 22, 1846, P. L. 486. 755. UNSEATED LANDS TO BE VALtJED AND AS- SESSED AS OTHER PROPERTY. All unseated lands within this commonwealth, held by individuals, companies or bodies cor- porate, either by improvement, warrant, patent or otherwise, shall for the purpose of raising county rates and levies, be valued and as- sessed in the same manner as other property. Part of Sec. 2, Act of April 3, 1804, P. L. 517. 756. RETURNS OF TIMBER LANDS. It shall be the duty of the several assessors in this Commonwealth, in their return of real estate to the commissioners of the proper county, at the next triennial assessment, and at each triennial assessment thereafter, to make re- turn of all the timber land in their proper district by specifying in separate columns, how many acres each tract contains of cleared land, and how many in timber. Sec. 1, Act of June 13, 1883, P. L. 112, No. 100. 339 757. VALUE OF GROUND RENT, ETC.. NOT TO BE DE- DUCTED FROM VALUE OF PROPERTY. So much of the proviso contained in the fourth section of an act entitled "An act to create additional revenue, to be applied towards the payment of interest and the extinguishment of the debts of the Commonwealth," passed the eleventh day of June, one thousand eight hundred and forty, as authorized the deduction of the value of any ground rent, dower or mortgage, on any real estate within this Commonwealth, in estimating the value thereof, be and the same is hereby repeale^d, and said real estate shall hereafter be estimated at its full value, and taxed accordingly. Sec. 7, Act of May 15, 1841, P. L. 393. 758. GROUND RENTS TO BE ASSESSED AGAINST OWN- ERS WHEN NO PROVISION MADE IN DEED. Hereafter the assessors in the several cities, boroughs and counties of this com- monwealth, in estimating real estate subject to ground rent, where there is ijo provision made in ground rents deeds that the lessee shall pay the taxes on the said ground rents, the assessors shall estimsite and assess for taxes the said ground rents to the owners thereof. Sec. 1, Act of April 1, 1845, P. L. 280. 5. Seated Lands Divided by Boundary Lines. 759. TO BE ASSESSED WHERE MANSION IS SITUATED. Hereafter the assessors of the several counties within this ■ Com- monwealth, shall on seated lands make the assessment in the county in which the mansion house is situate, when county lines divide a tract of land, and when lines which separate a borough from town- ship or one borough from another pass through the lands of any per- son such lands shall be assessed where the mansion is situated. Sec. 1, Act of June 1, 1883, P. L. 51. This act was held unconstitutional so far as concerns township and borough lines, where they are not also the lines of a county, as there is no notice in the title of this provision. La Plume Borough v. Gard- ner, 148 Pa. 192. 760. ASSESSMENT OF LAND DIVIDED BY TOWNSHIP LINES. Hereafter the assessors of the several counties within this Commonwealth, shall, on seated lands, make the assessment in the township in which the mansion house is situate, where township lines divide a tract of land. Sec. 59, Act of July 11, 1842, P. L. 321. 340 761. PRECEDING SECTION LIMITED. The fifty-ninth sec- tion of the act of 11 July, 1842, entitled "An Act regulating election districts, and for other purposes," shall not be construed to extend to lands lying in different townships, the mansion house of which is in an incorporated borough or city. Sec. 15, Act of April 25, 1850, P. L. 569. 762. RIGHT OF ELECTION BY OWNER WHEN LINE PASSES THROUGH MANSION HOUSE. FAILURE TO ELECT. From and after the passage of this act, whenever the dividing line between any township and borough, or between any two townships, in this commonwealth, as now or may be hereafter lo- cated, shall pass through the mansion house of any tract of farm land, it shall be and may be lawful for the owner of the land so divided, to choose as the place of residence of its occupants either of the townships or the borough, by a written notice of his election to the commissioners of the county : Provided, That a choice once so made shall be binding on the owner and occupiers of such man- sion house and on future owners thereof: And provided further. That in case of the neglect or refusal of the owner of such land to make an election as aforesaid, the persons occupying said mansion house shall be regarded as residing wholly within the township, and the assessors of such township shall in such case, or when he elects to reside in the township, assess therein such persons and all the farm or tract of land on which such mansion house is erected. Sec. 1, Act of May 24, 1878, P. L. 131, No. 163. 763. COAL SEVERED IN OWNERSHIP FROM LAND TO BE ASSESSED WHERE EACH PART LIES. From and after the passage of this act, the assessors of the townships and boroughs of the several counties of this Commonwealth shall, where seated lands, underlaid with coal, are divided by county, township or bor- ough lines, the ownership of which coal has been severed from the ownership of the overjying strata or surface, assess each division of said coal in the county, township or borough in which it actually lies. Sec. 1, Act of April 27, 1903, P. L. 326, No. 256. 6. Auxiliary Forest Reserves. (NOTE: A class of lands known as auxiliary forest reserves is created by the Act of June 5, 1913, P. L. 426. This class consists of private surface lands devoted to the production of merchantable timber. Application for this classification is made to the State Forestry Reser- vation Commission, by whom the right to the classification is deter- mined, and if granted, so reported to the county commissioners, who in turn place the lands in the class. The act has not been printed in 341 this compilation, as it is largely a matter between the State Department and the owner of the lands, and concerns the county only in the matter of taxation, as set forth in the following sections. The Acts of April 8, 1905, P. L. 118, and April 20, 190S, P. L. 246, which relate to rebates in taxes on certain forest lands have been omitted, as they both clearly violate Art. IX, Sees. 1 and 2 of the Con- stitution. Tubbs V. Tioga Co., 16 D. R. 318; Christley v. Butler Co., 37 Sup. Ct. 32.) 764. VALUATION AND ASSESSMENT. UNDERLYING MINERALS. TO BE SEPARATELY ASSESSED. All surface land which may hereafter be classifified and set apart as auxiliary forest reserves, in the manner provided by law, shall be rated in value, for the purpose of taxation, not in excess of one dollar ($1.00) per acre and shall continue to be so rated so long as the said land remains within the class designated as auxiliary forest reserves: Provided, however. That if the said surface land be underlaid with coal, iron, ore, oil, gas, or other valuable minerals, said minerals may be separately assessed. The assessors in the several districts in which such lands are situate shall assess such lands in the manner now or hereafter provided for the assessment of real estate for pur- poses of taxation, as if they had not been set apart as auxiliary forest reserves, and shall make their returns to the county commis- sioners in like manner as is now or hereafter may be provided by law, subject to exception, appeal, and final adjustment. Sec. 1, Act of June 5, 1913, P. L. 405, No. 269. 765. COMMISSIONERS TO REDUCE RATE RETURNED. Upon receipt of assessment returns from the various assessors, the county commissioners shall reduce, in their records, to a sum not in excess of one dollar ($1.00) per acre, the assessment on all those lands which shall have been placed in the class known as auxiliary forest reserves, in accordance with certificates filed with them by the State Forestry Reservation Commission, and the original assess- ment returns made by said assessors shall be preserved. Sec. 2, Act of June 5, 1913, P. L. 405, No. 269. 766. HARVESTING. BOND TO BE FILED. TAX LEVY. LIEN. APPLICATION OF TOWNSHIP TAX. Whenever timber, on land which is included in the class of land known as auxiliary forest reserves, is about to be harvested, the then owner of the timber on said land shall give a bond to the county treasurer in twenty per centum of the amount of the estimated value of the timber to be harvested, and to be approved by the court of the county, conditioned to pay to the county treasurer, within ninety days after harvesting, ten per centum of the value of the trees immediately 342 at and before the time of harvesting; which amount shall be ascer- tained by statement and return, under oath or affirmation, furnished in triplicate, one to the county commissioners, one to the county treasurer, and one to the commission, immediately after harvest- ing, by the then owner of the land, setting forth said value; which sum thus paid shall be divided and distributed by the county treas- urer of each county — to the county, and to the poor district, the road district, and the school district of the township in which the auxiliary reserve is situate, pro rata, based upon the last assessed millage of taxation for county, poor, road, and school purposes within said tax- ing district. Such sum of money when ascertained to be due as a tax by the filing of the foregoing statement and return, under oath, and, as hereinbefore provided directed to be paid to the county treasurer by the owner of an auxiliary forest reserve, shall, from the time of such filing, be and remain a lien upon the land of such owner until pay- ment shall have been made: And be it further provided. That all moneys received by the boards of supervisors shall be appropriated exclusively to the opening, maintenance, and repair of the public roads now or hereafter passing through or into said auxiliary forest reserves, or upon which said reserves now or hereafter may abut; and, in the event that no public highways pass through or into said reserves, or none of said reserves abut on such highways, then said moneys shall be used for general township road purposes. Sec. 3, Act of June S, 1913, P. L. 405, No. 269. 767. APPRAISEMENT IN CERTAIN CASES. EXPENSES AND COMPENSATION OF APPRAISERS. Should the county commissioners be dissatisfied with the return made, as hereinbefore provided in section three hereof (preceding section), the court of common pleas of the proper county, on petition of the commission- ers, shall appoint a board of three appraisers, who shall go upon the land in question, estimate the quantity and value of the trees im- mediately at and before the time of harvesting, and make a return thereof to the court, which said return shall then be made the basis upon which each owner make payment to the respective county treasurers, unless changed upon appeal. The said appraisers shall be duly sworn or affirmed before entering upon their work, and either party, if dissatisfied with the report of the appraisers, shall have right of appeal to the court of common pleas of the county, within ten days after such report shall be filed and notice thereof given the owner. The said appraisers shall be allowed their expenses and a compensa- tion to be fixed by the court, both to be paid by the county com- missioners. Sec, 4, Act of June 5, 1913, P. L. 405, No. 269, 343 768. REMOVAL OF LAND FROM CLASS PRIOR TO MATURITY. ASCERTAINMENT OF TAXES DUE. LIEN. REMOVAL FROM CLASS AFTER CUTTING MATURED CROP. In case of the removal of said lands from the class known as auxiliary forest reserves, prior to the maturity of the timber, and without payment of the tax of ten per centum of the value thereof, as provided in section three of this act, the county commissioners shall, on notice from the commission, ascertain the amount of the taxes which would have been paid by the said owner on the original assessment, before the reduction provided for in section two of this act, adding legal interest from the date when each tax payment would have become delinquent. The sai^ Commissioners shall likewise as- certain the amount of taxes which have actually been paid upon the land in question, adding legal interest upon all such payments from the date when paid, and certify the result thereof to the county treasurer, who shall then proceed, in the manner provided for the collection of county taxes under general laws, to recover for such owner the difiference between the two amounts, with costs. Such dif- ference, so ascertained to be due as tax as aforesaid, shall be and remain a lien upon the land of such owner until payment shall have been made. If such land shall be so removed from said class after the due cutting of a matured crop and the payment of tax thereon, the owner shall, in that case, not be liable for such past assessment ; but the land shall thereafter be liable to assessment and tax as all other land not classed as auxiliary forest reserves. Sec. S, Act of June 5, 1913, P. L. 405, No. 269. 7. Mortgages and Other Obligations Securing Pajmient of Money. 769. RECORDER OF DEEDS TO KEEP SEPARATE RECORD OF MORTGAGES, ETC. CONTENTS. CERTI- FICATE TO BE ATTACHED TO MORTGAGE, ETC. FILING OF RECORD. From and after the passage of this act, it shall be the duty of the recorder of deeds, mortgages, and other instruments ' of writing, in each and every county in this Commonwealth, to keep a daily record, separate and apart from all other records, of every mortgage or article, of agreement given to secure the payment of money entered in his office for recording, which said record shall set forth the following information, to wit: The date of the mortgage or agrement, the names of the parties thereto, the just sum of money secured, the precise residence of the mortgagee or person to whom interest is payable, a brief description of the real estate upon which such mortgage is secured, and the date or several dates when the 344 said sum or portion of the said sum shall become due and payable; and a like daily record of every assignment of a mortgage or an article of agreement given to secure the payment of money, and also the number of mortgages and agreements, together with the amount of same, and the names of the parties thereto, which shall have been that day satisfied of record; and, for the purpose of obtaining with accuracy the precise residence of all mortgagees, assignees, and per- sons to whom interest is payable on articles of agreement, it shall be the duty of the recorder of deeds in each county, whenever a mort- gage, assignment, or agreement given to secure the payment of money shall be presented to him for record, to refuse the same un- less the said mortgage, assignment, or agreement has attached thereto, and made part of said mortgage, assignment, or agreement, a certificate signed by said mortgagee, assignee, or person entitled to interest, or his, her or their duly authorized attorney or agent, set- ting forth the precise residence of such mortgagee, assignee, or per- son entitled to interest; said certificate to be recorded with said mortgage, assignment, or agreement ; and it shall be the further duty of the recorder, on the first Monday of each month, to file the afore- said daily record in the commissioners' office, or with the board of revision of taxes of the proper county or city, and one certificate ap- pended thereto shall be all that shall be required. Sec. 7, Act of June 17, 1913, P. L. 507, No. 335. Although the Act of 1913 does not specifically repeal the Act of April 29, 1909, P. L. 289, the above section substantially re-enacts its provisions. The Act of 1909 has been used in Sec. 522 above. 770. PROTHONOTARY TO KEEP SEPARATE RECORD OF BONDS, JUDGMENTS, ETC. CONTENTS. FILING. It shall be the duty of the prothonotary or clerk of the court of common pleas in each and every county in this Commonwealth, forthwith upon the passage of this act, to keep a daily record, separate and apart from all other records, of every single bill, bond, judgment, or other instrument securing a debt, entered of record in his office, which daily record shall set forth the following information, to wit: The date of the instrument, the names of the plaintiff and defendant, together with the precise residence of the plaintiflF or person to whose use such bill, bond, judgment, or other obligation to pay money is marked, whenever such residence can be ascertained, the just sum secured, and the date or several dates when the said sum or portion of the same shall become due and payable, with the further informa- tion whether any of said bonds or judgments are accompanied with mortgages, and also the number of every single bill, bond, judgment or other instrument securing a debt, together with the amount of same, and the names of the plaintiff and defendant thereto, which 345 shall have been that day satisfied; and it shall be the further duty cf the prothonotary or clerk of the court of common pleas to file the aforesaid daily record of bills and so forth in the commissioners' office or with the board of revision of taxes of the proper county or city, on the first Monday of each month, and one certificate appended thereto shall be all that shall be required. Sec. 8, Act of June 17, 1913, P. L. 507, No. 335. 771. CERTIFICATE OF RESIDENCE OF JUDGMENT CREDITORS. The prothonotary of each county is hereby directed not to enter any judgment unless the judgment creditor, or his duly authorized attorney or agent, produces to the prothonotary a certificate signed by the judgment creditor, or by his duly authorized attorney or agent, setting forth the precise residence address of the said creditor. The certificate shall be filed at the same number and term as the judgment. Sec. 1, Act of March 31, 1915, P. L. 39, No. 27. 772. PROTHONOTARY TO DELIVER LIST OF JUDG- MENTS, ETC., TO AUTHORITIES ASSESSING PROPERTY. The prothonotary shall monthly prepare, and deliver to the county authorities who assess property for county tax purposes, a list of all judgments entered during the preceding month, with the names and residence addresses of the respective judgment creditors and the amount of the respective judgments. Sec. 2, Act of March 31, 1915, P. L. 39, No. 27. 773. CERTIFICATION OF MORTGAGES, ETC., HELD BY TAXABLE IN ANOTHER COUNTY AND SATISFACTIONS OF SAME. It shall be the further duty of the county commission- ers or boa.rd of revision of taxes, upon obtaining record of the exist- ence within any county, or city coextensive with a county, of said mortgages and other obligations, that shall be owned by a person, copartnership, association, limited partnership, joint-stock associa- tion, or corporation, resident or doing business within this Common- wealth, and not a resident of said county or city, or, in the case of a corporation, limited partnership, or company not having its principal office within said county or city, to transmit a certified statement of said record to the county commissioners or board of revision of taxes of the proper county or city wherein said person is domiciled, or wherein said copartnership, association, limited partnership, joint- stock association or corporation does business or maintains its prin- cipal office, and also to further transmit to said commissioners or board of revision of taxes a certified!^ statement, whenever it shall 346 appear from the record that said mortgages and other obligations are satisfied, which upon its receipt shall be filed of record by the county commissioners or board of revision of taxes. Sec. 9, Act of June 17, 1913, P. L. 507, No. 335. 774. FILING OF RECORDS. STATEMENT TO BE FUR- NISHED ASSESSORS FOR TRIENNIAL ASSESSMENTS. It shall be the further duty of the county commissioners or the board of revision of taxes of the proper county or city, upon the receipt of the daily records from the offices of the recorder or prothonotary or clerk, to file the same in their office, and on or before the time of making the annual or triennial assessment in any year, to prepare from the said records a statement or statements, showing as far as practicable the number and amount of said mortgages and all other obligations, and names of the parties thereto in each borough, township, district, or ward in such county or city, which said statement shall be de- livered to the assessor or assessors of each borough, township, dis- trict, or ward, respectively, before said officers shall enter upon the discharge of their proper duties. Sec. 10, Act of June 17, 1913, P. L. 507, No. 335. 775. ASSESSORS TO COMPARE RETURNS AS TO MORT- GAGES, ETC., WITH STATEMENTS, AND TO NOTE SHORT- AGES. It shall be the duty of the assessor or assessors, in making up their valuations of money at interest in their respective boroughs, townships, districts, or wards, to compare the return made by each person, copartnership, association, limited partnership, joint-stock as- sociation, or corporation with the statement furnished them by the county commissioners or board of revision of taxes ; and if the amount of said mortgages or other obligations, as contained in said statement, shall exceed the amount sfct forth in the return of any person, copart- nership, association, limited partnership, joint-stock association, or corporation, to note the fact and make return of the same to the com- missioners or board of revision of taxes of the proper county or city. Sec. 11, Act of June 17, 1913, P. L. 507, No. 335. r 776. VALUATION TO BE RAISED WHEN LESS MONEY AT INTEREST IS SHOWN THAN APPEARING ON RECORD. NOTICE TO TAXABLE. It shall be the further duty of the countjr commissioners or board of revision of taxes, upon the returns made to them by the assessors of the several boroughs, townships, districts, and wards, in all cases where it shall appear on proving the record that any person, copartnership, association, limited partnership, joint- stock association, or corporation has returned a less amount of money at interest than appears from the records in possession of the com- 347 raissoners or board of revision of taxes, thereupon to raise the valuation of the property of said person, copartnership, association, or limited partnership, joint-stock association or corporation, to the amount set forth in said records, and forthwith to notify the persons, copartnerships, associations, limited partnerships, joint-stock associa- tions, or corporations interested, of the said increase of valuation, and that the same is subject to be appealed from at the same time and the same manner as the original assessment. Sec. 12, Act of June 17, 1913, P. L: 507 No. 335. 777. PENALTY ON CERTAIN OFFICERS FOR FAILURE TO CARRY OUT DUTIES IMPOSED BY ACT. Any wilful fail- ure on the part of the county commissioners, board of revision of taxes; borough, township, district, and ward assessors; recorders of deeds, prothonotaries, and clerks of courts, to carry out the duties imposed upon them by the several sections of this act, shall be deemed a misdemeanor, and upon conviction thereof the person or persons so failing to comply shall be sentenced to a fine not exceed- ing five hundred dollars, and imprisonment not exceeding one year. Sec. 13, Act of June 17, 1913, P. L. 507, No. 335. 778. FEE OF RECORDERS AND PROTHONOTARIES. LIMITATIONS. Recorders of deeds and prothonotaries shall be entitled to receive ten cents for each and every mortgage, judgment, or lien, assignment or satisfaction thereof, reported to the county commissioners or board of revision of taxes as required by law ; which fees shall be paid by the respective county treasurer on the presenta- tion of proper vouchers, and shall be applied in like manner as other fees received by such recorders and prothonotaries : Provided, how- ever. That no fee shall be allowed in any case where the residence of any plaintiff, mortgagee, or assignee is omitted in such report : And provided further. That the amount allowed any prothonotary or re- corder of deeds, under this act, shall not exceed the sum of six hun- dred dollars per annum. Sec. 14, Act of June 17, 1913, P. L. 507, No. 335. 8. Returns of Taxables. 779. BLANKS FOR ANNUAL RETURNS BY TAXABLES. RETURNS TO BE MADE. The board of revisions of taxes or the commissioners of every county in this Commonwealth shall annually furnish the assessors of the several townships, boroughs, and cities of the respective counties, with blanks to be prepared by them ; and it shall be the duty of each of said assessors to furnish a copy of the same to every taxable person, copartnership, unincorporated asso- 348 elation, joint-stock association and company, limited partnership and corporation, in his respective ward, district, borough, or township, or to any officer, agent, or employe found at the place of business of any such limited partnership or corporation in his ward, district, borough, or township; upon which blank each taxable person, copartnership, unincorporated association, company, limited partnership, joint-stock association, and corporation shall respectively, make return annually of the aggregate amount of all the different classes of personal prop- erty made taxable by the first section of this act, (section 679 above), held, owned, or possessed by said person, copartnership, unincor- porated association, company, limited partnership, joint-stock associa- tion, or corporation, either in his, her, or its own right, or as trustee, agent, attorney-in-fact, or in any other capacity, for the use, benefit, or advantage of any other person, persons, copartnership, unincor- porated association, company, limited partnership, joint-stock asso- ciation, or corporation ; which return shall be made and sworn or af- firmed td by such taxable person, and, in the case of copartnerships, unincorporated associations, and joint-stock associations and com- panies by some member thereof, and, in the case of limited partner- ships and corporations, by the president, chairman or treasurer thereof: Provided, That any corporation, joint-stock association, or limited partnership, doing business in more than one county, shall be liable to make such return only in the county in which its principal office within this Commonwealth is situated. Sec. 2, Act of June 17, 1913, P. L. 507, No. 335. 780. AFFIDAVIT TO RETURN. PENALTY FOR FALSE RETURN. The affidavit required to be made by the last preceding section shall be made before the proper assessor, or other person au- thorized to administer oaths, and shall set forth that the return is full, true, and correct to the best of his or her knowledge and belief; and any person or officer who shall wilfully and corruptly make a false and fraudulent return as aforesaid shall be guilty of wilful and corrupt perjury, and upon his or her conviction thereof shall be sen- tenced to pay a fine not exceeding five hundred dollars, and undergo an imprisonment, by separate and solitary confinement at labor, not exceeding seven years, and thereupon be forever disqualified from be- ing a witness in any matter or controversy. Sec. 3, Act of June 17, 1913, P. L. 507, No. 335. 781. ASSESSORS AUTHORIZED TO ADMINISTER OATH OR AFFIRMATION. PENALTY FOR CERTAIN VIOLA- TIONS. The several assessors are hereby authorized to administer the oath or affirmation to any person or officer making the return pre- scribed by the preceding sections, for the taking of which oath or af- 349 firmation no charge shall be made by the assessor. Any assessor who shall accept such return from any person or officer required to make the same, without requiring the oath or affirmation of such per- son br officer as herein provided, or who shall make any charge for administering such oath or affirmation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sentenced to a fine not exceeding five hundred dollars. Sec. 4, Act of June 17, 1913, P. L, 507, No. 335. 782. ON FAILURE OF TAXABLE TO MAKE RETURN, AS- SESSOR TO MAKE SUCH RETURN. BASIS OF RETURN. WHEN FAILURE TO MAKE RETURN EXCUSED. Upon the refusal or failure of any taxable person, copartnership, unincorporated association, limited partnership, joint-stock association, or corpora- tion, to make a return properly verified by oath or affirmation as re- quired by this act, within ten days after being notified so to do, it shall be the duty of the assessor to make a return for such taxable person, copartnership, unincorporated association, joint-stock asso- ciation, limited partnership, or corporation from the best informa- tion he can obtain ; he shall examine the records and lists of judg- ments and mortgages returned by the prothonotary and the recorder of deeds and mortgages, under the seventh and eighth sections of this act, in the commissioners' office or office of the board of revision of taxes or remaining in their respective offices, and assess such default- ing person, copartnership, unincorporated association, joint-stock as- sociation, limited partnership, or corporation with the amounts of all such liens, with interest thereon, and add thereto the amount of all taxable property obtained from all other sources of information; which return the proper county commissioners or board of revision of taxes shall have power, and it shall be their duty, to revise and cor- rect according to the best information they can command from the lecords in their office or other sources, and it shall be their duty to send for a person, persons, and papers, and to administer an oath or affirmation to him or them in such form as shall be prescribed, to which revised and corrected estimated return the proper county com- missioners or board of revision of taxes shall add fifty per centum, and the aggregate amount so obtained shall be the basis for taxation": Provided, That if such taxable person, or copartnership or unincor- porated association or company, limited partnership, joint-stock as- sociation or corporation, on or before the day fixed for appeals from assessments, shall present reasons supported by oath or affirmation, satisfactory to the proper county commissioners or board of revision of taxes, excusing a failure to make a return such as should be made to the assessor, and shall then make such return, the proper county 350 commissioners or board of revision of taxes may substitute such re- turn, for that returned by the assessor and corrected as aforesaid, to have like effect as if no failure to return had occurred. Sec. S, Act of June 17, 1913, P. L. 507, No. 335. 783. CONSPIRACY TO RETURN LESS PROPERTY THAN THAT MADE TAXABLE. PENALTY. If any assessor and any taxable person or members of any copartnership, unincorporated as- sociation, or company, ofificer or stockholder or member of any limited partnership, joint-stock association, or corporation, shall agree to en- ter into any agreement or understanding that, upon the failure of such taxable person, copartnership, unincorporated association, company, limited partnership, Joint-stock association or corporation, to make the return required by the second section of this act, (section 779 above), to be made, such assessor shall return a less amount of prop- erty made taxable by the first section of this act, (section 679 above), than should have been returned by such taxable person, copartner- ship, unincorporated association, company, limited partnership, joint- stock association, or corporation, the persons entering into such agreement, arrangement, or understanding, shall be guilty of con- spiracy, and upon the conviction thereof sjiall be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprison- ment either at labor by separate or solitary confinement or to simple imprisonment, not exceeding three years, at the discretion of the court. Sec. 6, Act of June 17, 1913, P. L. 507, No. 335. 784. WHEN FALSE RETURN IS SUSPENDED ASSESSORS TO RETURN WHAT THEY BELIEVE TO BE FULL VALUE. APPEAL. If the several assessors of this Commonwealth, in the discharge of their respective duties, shall have reason to believe any person or persons or corporation shall have rendered a false return of his, her or their property, trade, profession, occupation, or any article made taxable by law, or shall not make a full disclosure of the same, the said assessors shall return what they shall believe to be the full value and amount thereof to the commissioners of the proper county, and if the person or persons or corporation thus assessed shall feel agrieved, an appeal may be had, according to the existing law, from such assessment, and it shall be lawful for the county commissioners to administer an oath or affirmation to the person or persons or cor- poration taking such appeal, touching the value and amount of their property, trade, occupation or profession, or any article made taxable, and if they deem an a:batement proper the same shall be made; but the said commissioners may, if they see proper, receive other evidence. Sec. S, Act of May IS, 1841, P. L. 393. 351 9. Publication and Notice of Assessments. 785. PUBLICATION OF STATEMENT OF VALUE OF AS- SESSMENTS AND WHOLE AMOUNT OF TAXES ASSESSED. NOTICE OF DAY FOR FINAL VALUATION. The county com- missioners of the several counties shall, as soon as the assessors of the several wards, districts and townships in their respective counties shall have made their returns, according to the sixth section of the act entitled "An act to estimate a uniform mode for the valuation of property and assessment of taxes," passed the fifteenth May, one thousand eight hundred and forty-one, make out and publish, in not less than two newspapers, for two weeks, or if th^re be no newspaper published in the county, by handbills posted up in each ward, dis- trict or township, at the place of holding township, ward or district elections, a statement, in such form as will show the aggregate value and assessments made by each assessor in the county, upon property taxable by law, for county purposes, upon mortgages, moneys at in- terest, debts due from solvent debtors, stocks, loans and investments in corporations of other states, upon household furniture, and upon watches, according to the second section of the act entitled "An act to create additional revenue, to be applied towards the payment of in- terest and the extinguishment of the debt of the commonwealth," passed the eleventh day of June, one thousand eight hundred and forty, according to any laws that may hereafter be passed relating to similar objects of taxation, upon all salaries and emoluments of of- fice, and all persons, trades occupations, and professions, according to the ninth section of the act entitled "An act to provide revenue to meet the demands on the treasury, and for other purposes," passed the fifth May, one thousand eight hundred and forty-one, or accord- to any laws that may hereafter be passed relating to similar objects of taxation, and will also show the whole amount of taxes assessed on each ward, district and township in the county, and at the time and in the manner herein provided for publishing said statements, the county commissioners shall also give public notice of a day not later than thirty days from the time of publishing by them appointed, for finally determining whether any of the valuation of the assessors have been made below a just rate, according to the meaning and intention of this act. Sec. 11, Act of July 27, 1842, P. L. 441. The assessors' return referred to above is now made under the Act of April 23, 1903, P. L. 292, Sec. 732 above. 786. FAILURE TO PUBLISH STATEMENT NOT TO IN- VALIDATE OR HINDER COLLECTION OF TAX. And pro- vided further, That any neglect or refusal, heretofore or hereafter, of the county commissioners or board of revision to make and publish i3Z a statement of the aggregate valuation and assessment made by each assessor, as required by the eleventh section, (preceding section), of the said act of twenty-seventh day of July, one thousand eight hun- dred and forty-two, shall not invalidate or hinder the collection of any tax imposed by any law of this Commonwealth. Part of Sec. 1, Act of April 27, 1909, P. L. 244, No. 155. 787. RIGHT OF TAXABLES TO EXAMINE RETURNS IN COMMISSIONERS' OFFICE. From the time of publishing the re- turns of the assessors, according to the third, (eleventh), section of this act, (section 785 above), until the day appointed for finally de- termining whether any valuation of the assessors have been made too low, any taxable inhabitant of the county shall have the right to ex- amine the said return in the commissioners' office. Sec. 12, Act of July 27, 1842, P. L. 441. 10. Rate of Assessments, Notice, and Appeals. 788. ESTIMATE OF PROBABLE EXPENSES FOR EN- SUING YEAR. The commissioners of every county, shall at their first meeting after the general election in every year, proceed to make an estimate of the probable expense of the county, for the ensuing year. Sec. 1, Act of April IS, 1834, P. L. 509. 789. ASSESSMENT ACCORDING TO ADJUSTED VAL- UATION. LIMIT OF TAX RATE. ADJUSTMENT. When the returns of the assessors shall be rectified as aforesaid, if neces- sary, the commissioners shall proceed to assess the proportion of every ward, township and district, according to the adjusted val- uation of the taxable property and other subjects of taxation, in such ward, township and district: Provided, That no tax in any county shall in one year exceed the rate of one cent in every dollar of such adjusted valuation, and that the rate for any office or post of profit, profession, trade or occupation or on any single freeman who follows no occupation, [shall at no time exceed ten dollars in one year, and] shall be lowered in due proportion as the tax on property shall be lower than one cent in the dollar. Sec. 7, Act of April 15, 1834, P. L. 509. The part of this section enclosed in brackets was repealed by Sec. 6, Act of February 28, 1835, P. L. 46. 353 « 790. RATE TO BE UNIFORM. Provided, That in no case the said commissioners shall impose a different rate per centum, on dif- ferent townships in their county, but the same shall be equal through- out, and all rates shall be levied on the assessments as returfted and corrected. Part of Sec. 4, Act of May 15, 1841, P. L. 393. ' 791. TRANSCRIPTS OF ASSESSMENTS. STATEMENT OF RATE AND DAY OF APPEAL. When the proportions of the several wards, townships and districts shall be ascertained as afore- said, the commissioners of the respective county shall cause accurate transcripts of the assessments to be made out by their clerk, and shall transmit the same to the respective assessors on or before the second Monday of April following, together with a statement of the rate per cent, and the day of appeal fixed by them. Sec. 8, Act of April IS, 1834, P. L. 509. 792. NOTICE TO TAXABLES. It shall be the duty of the sev- eral assessors on receiving such transcript from the county commis- sioners to give written or printed notice at least five days before the day of appeal to every taxable inhabitant within the respective ward, township or district, of the amount or sum for which he stands rated, and the rate per cent, of such amount, and of the time and place of such appeal. Sec. 9, Act of April 15, 1834, P. L. 509. 793. PUBLICATION OF NOTICE OF TIME AND PLACE FOR APPEAL. It shall also be the duty of the commissioners of the respective counties, to give notice by advertisement in one or more newspapers printed in or nearest to the seat of Justice of the proper county, at least three weeks before the day of appeal, of the time and place fixed for such appeal. Sec. 10, Act of April IS, 1834, P. L. 509. 794. ASSESSORS TO ATTEND AT TIME AND PLACE FOR APPEALS. It shall be the duty of the several assessors, to attend at the time and place fixed for the appeal for their respjective ward, township or district, to prevent impositions being practised on the commissioners by persons appealing. Sec. 14, Act of April 15, 1834, P. L. 509. 23 354 795. REGULATION OF ASSESSMENTS. DUPLICATES. Immediately after the appeals are over, the commissioners shall pro- ceed to regulate the assessments, according to the alterations made, and shall cause their clerks to make fair duplicates thereof, in such form as the commissioners may direct. Sec. IS, Act of April 15, 1834, P. L. 509. 796. APPEALS SUBSEQUENT TO DAY FIXED. It shall be the duty of the commissioners to hear appeals at any subsequent time when they may be in session, previous to the payment of the tax, and to make such alterations as they might have done on the regular day of appeal : Provided, That no such appeal shall be heard unless the appellant shall have given due notice thereof to the assessor of the proper ward, township, or district. Sec. 16, Act of April 15, 1834, P. L. 509. 797. WHAT NOTICES TO BE GIVEN TAXABLES IN YEARS AFTER TRIENNIAL ASSESSMENTS. It shall be the duty of the several assessors, in each of the two years succeeding the triennial assessment to give notice to the taxable inhabitants, in like manner as after the triennial assessment, but in the following cases onl}'^ ; namely, In the case of real property, where buildings or other improvements have been destroyed, and where coal, ore, or other minerals, assessed under the triennial assessment, have been mined out since such triennial assessment ; and in the case of personal prop- erty, offices, professions, trades, and occupations, where there has been any alteration in the assessment, occasioning a different val- uation from the former year, and also where persons have" come to inhabit in the county since such triennial assessment. Sec. 2, Act of May 8, 1909, P. L. 491, No. 273, amending Sec. 12, Act of April IS, 1834, P. L. 509. 798. APPEALS. WHERE HELD IN YEARS AFTER TRIENNIAL ASSESSMENTS; WHAT ABATEMENT IN VALUATION MAY BE MADE. At the time and place fixed for the appeal, which in each of the two years after triennial assessment shall be held in the commissioners' office of the proper county, the commissioners shall attend and hear all persons who may apply for redress, and grant such relief as to them shall appear just and rea- sonable: Provided, That the commissioners shall not make any allowance or abatement in the valuation of any real estate in any other year than that in which the triennial assessment is made, ex- cepting where buildings or other improvements have been destroyed, 355 or where coal, ore, or other minerals, assessed under the triennial assessment, have been mined out, subsequently to such triennial as- sessment, in which cases such allowance or abatement shall be made. Sec. 3, Act of May 8, 1909, P. L. 491, No. 273, amending Sec. 13, Act of April IS, 1834, P. L. 509. 799. APPEAL FROM REVISION TO COURT OF COMMON PLEAS. Any owner of real estate or taxable property in this Com- monwealth, who may feel aggrieved by the last or any future assess- ment or valuation of his real estate or taxable property may appeal from the decision of the county commissioners, or board of revision and appeal, to the court of common pleas of the county within which such property is situated, and for that purpose may present to said court, or file in the prothonotary's office, within sixty days after the county commissioners or board of revision and appeal have held the appeals provided for by law, and acted on the said assessments and valuation, a petition signed by him, his agent or attorney, setting forth the facts of the case, and thereupon the said court shall pro- ceed at the earliest convenient time to be by them appointed, of which notice shall be given to the county commissioners of the proper county, or to the board of revision and appeal of the proper city to hear the said appeal, and the proofs in the case, and to make such orders and decrees touching the matter complained of as to the judges of said court may seem Just and equitable, having due regard to the valuation and assessment made of other real estate in such county or ' city ; the costs of the appeal and hearing to be apportioned or paid as the court may direct : Provided, however. That the said appeal shall not prevent the collection of the taxes complained of, but in case the same shall be reduced, then the excess shall be returned to the per- son or persons who shall have paid the same. Sec. 1, Act of April 19, 1889, P. L. 37, No. 34. 800. APPEALS FROM COMMON PLEAS TO SUPREME OR SUPERIOR COURTS. Any owner of real estate or taxable prop- erty in this Commonwealth may appeal from the judgment, order or decree of any court of common pleas, in any matter affecting the as- sessment of taxes, upon his property, to the Supreme or Superior Court, in the same manner as appeals are taken in other cases to the said Supreme or Superior Court : Provided, however. That the said appeal shall not prevent the collection of the taxes complained of; but in case the same shall be reduced, then the excess shall be re- turned to the person or persons who shall have paid the same. Sec. 1, Act of June 26, 1901, P. L. 601, No. 296. 356 11. Penalties on Assessors. 801. FOR FAILURE TO COMPLY WITH ORDER OR WAR- RANT, OF TO PERFORM DUTIES. If any assessor or assistant assessor who shall have taken upon himself the duties of such office, shall neglect or refuse to comply with any order or warrant issued to him by the commissioners of the same county in conformity with law, or shall not perform the duties enjoined upon him by law, he shall forfeit any sum not exceeding forty dollars to be recovered by the county as debts of a like amount are recoverable. Sec. 24, Act of April IS, 1834, P. L. 509. 802. FOR FAILING TO ASSESS AND RETURN PERSONS LIABLE TO ASSESSMENT. If any assessor shall refuse or neg- lect to assess and return to the commissioners of the county, any person whom he knows to be liable to assessment, such assessor be- ing thereof convicted in the court of Quarter Sessions of the same county, shall be fined in any sum not less than twenty dollars, nor more than fifty dollars, at the discretion of the court besides the costs of prosecution for the use of the county in which the party aggrieved resides. Sec. 23, Act of April IS, 1834, P. L. 509. 803. FOR FAILURE TO ASSESS PERSONS OR PROP- ERTY, OR FOR MAKING FALSE VALUATION. If any asses- sor, or assistant assessor, shall knowingly and intentionally omit, neglect, or refuse to assess and return any property, person or thing, made taxable by law, or shall knowingly and intentionally assess, rate, or value the same, at more or less than he shall know and be- lieve the just cash value or rate thereof, or neglect or refuse to assess any tax required by law, he shall be guilty of a misdemeanor in office, and on conviction thereof, be subject to imprisonment, not less than three, nor more than twelve months, and fined in a sum not less than one hundred nor more than two hundred dollars. Sec. 3, Act of May IS, 1841, P. L. 393. 804. FOR FAILURE TO ASSESS OR RETURN ANY CITIZEN OR TO PERFORM DUTY IMPOSED BY ACT. If any assessor shall intentionally neglect or refuse to assess any citizen of this Commonwealth, who is or shall be subject to assess- ment by law, or shall in like manner neglect or refuse to return the name of the person so assessed to the commissioners of the proper county, or intentionally neglect or refuse to perform any other duty 357 enjoined on him by the provisions of this act, he shall, on conviction thereof, be fined in any sum not less than fifty nor more than two hundred dollars. Sec. 108, Act of July 2, 1839, P. L. 519. 12. Board of Revision. 805. COMMISSIONERS TO COMPOSE BOARD. OATH. The county commissioners and associate judges of each county shall compose a board to be called a "Board of Revision," of which the county commissioners holding the oldest certificate of election shall be the president. The members of the said board shall each take and subscribe an oath or affirmation, before the president of the court of common pleas for the county, in the following words, to wit : I, do swear or affirm that I will faithfully and to the best of my knowledge and judgment, revise, correct and equalize the valuation of all property taxable by law, in county, -_ and faithfully perform all the duties of a member of the board of revision for ._ county according to the laws of this commonwealth, which oath shall be deposited in the office of the recorder for the county. Sec. 10, Act of July 27, 1842, P. L. 441. 806. PROTHONOTARY OR ASSOCIATE JUDGES MAY ADMINISTER OATH. Hereafter it shall and may be lawful for the several prothonotaries of the courts of common pleas of this com- monwealth, or any of the associate judges thereof, to administer to the board of revision, the oath of office now required by law to be taken before the presidents of the said courts of common pleas. Sec. 1, Act of February 11, 1859, P. L. 37, No. 42. 807. FAILURE OF MEMBER OF BOARD TO BE SWORN NOT TO INVALIDATE OR HINDER COLLECTION OF STATE TAXES. The refusal or neglect of any or all of the mem- bers of county boards of revision, to be sworn or affirmed, or to dis- charge the duties of such board, shall not be construed so as to in- validate or hinder the collection of state taxes imposed by this or any other act. Sec. 47, Act of April 29, 1844, P. L. 486. 808. POWERS AND DUTIES OF BOARD. The board of re- vision in each county shall, on receiving the returns of the assessors, proceed to examine and inquire whether the same have been made in conformity with the laws of this commonwealth, and whether all property to be valued for taxation for state and county purposes, has 358 been valued at a sum or price not less than the same would bring after full public notice, at a public sale, supposing each separate lot or piece or tract of land, with the improvements or the personal pi-operty of each individual, company or corporation only were to be sold. They shall receive and consider the written communication of any taxable inhabitant of the county, relative to any property which such taxable inhabitant shall believe to have been reduced too low, and on the day appointed for determining whether any property has been reduced too low, or reduce the same if too high, they shall proceed to raise the price or valuation of any property which they shall believe to have been reduced too low, and if they cannot, on the day appointed, revise, raise and equalize, the valuation of all property which they shall believe to have been reduced too low, they may ad- journ from day to day vmtil the whole of such valuation shall have been revised, raised and equalized. Sec. 13, Act of July 27, 1842, P. L. 441. 809. NOTICE, APPEALS AND CORRECTION TO BE MADE UNDER EXISTING LAWS BY BOARD OF REVISION. When the whole of the valuation of the assessor shall have been raised, revised and equalized, in conformity with the foregoing sec- tion, the same proceedings shall be had in reference to notice, ap- peals and corrections, which are now had by the laws of this Com- monwealth, excepting only that the board of revision, instead of the county commissioners, shall hear and decide upon all appeals. Sec. 14, Act of July 27, 1842, P. L. 441. This section is repealed as to the city and county of Philadelphia by Sec. 9, Act of March 31, 1843, P. L. 122. 810. COMMISSIONERS AUTHORIZED TO PERFORM DUTIES OF BOARD OF REVISION. NOTICE TO TAXABLE IN CASE OF INCREASED VALUATION. FIXING DATE FOR APPEAL. The county commissioners of the several counties of this Commonwealth, who were, by the tenth section of the act of July twenty-seventh, one thousand eight hundred and forty-two, (sec- tion 805 above), and by the forty-first section of the act of April twenty-ninth, one thousand eight hundred and forty-four, constituted a Board of Revision, be and they are hereby authorized to do and perform the duties of said Board of Revision upon the same day, and at the same time and place, of holding the appeals for the several townships, boroughs, and wards in their respective counties: Pro- vided, That in every case where said county commissioners shall raise the price or valuation of any property, which they believe has been valued or reduced by the assessors too low, a notice of such in- 359 creased valuation shall be given to the owner or owners, and in said notice fixing a date when an appeal for such cases will be held at the office of the county commissioners. Part of Sec. 1, Act of April 27, 1909, P. L. 244, No. ISS. One of the provisos of this section has been used as Sec. 786 above, where it more logically belongs. , 13. Provisions Relating to Counties Where There is a Board for the Assessment and Revision of Taxes. 811. IN COUNTIES BETWEEN 1,500,000 AND 800,000 POPU- LATION. ASSESSMENTS AND VALUATIONS FOR STATE AND COUNTY PURPOSES. It shall be the duty of the board for the assessment and revision of taxes in each county to which this act applies, to make and to have supervision of the making of all assess- ments and valuations of property, whether real or personal, taxable for State or county purposes, and including also occupations. Sec. 2, Act of July 22, 19i9, P. L. 1093. 812. SUBORDINATE ASSESSORS TO MAKE ASSESS- MENTS AND VALUATIONS. PENALTY FOR FAILURE. The subordinate assessors shall make the assessment, and valuations of all property taxable for State or county purposes, together with a Hst qf all persons taxable upon occupations, within their respective districts, and, in so doing, shall view all property in their district taxable for such purposes, and shall make a personal house-to-house canvass of their district, in order that such lists of persons taxable upon occupations may be accurate and correct in so far as it is pos- sible to so make them. All such assessors who shall fail to make such assessments and lists in the manner as herein provided shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, and, in default of the payment of such fine and costs, to undergo an im- prisonment not exceeding ninety days. ' Sec. 4, Act of July 22, 1919, P. L. 1093. 813. FINE FOR MAKING AND FILING ASSESSMENTS. The subordinate assessors shall begin such assessments of property and occupations on the first day of June of each year preceding the . triennial assessment in such counties, and shall file the same with the board for the assessment and revision of taxes on or before the first Monday of November of such year. Sec. S, Act of July 22, 1919, P. L. 1093. 360 814. REVISION. APPEALS. VALUATIONS TO STAND UNTIL NEXT TRIENNIAL ASSESSMENT. The board shall examine and revise the said assessments and valuations, increasing or decreasing the same as in their judgment may seem proper, and shall add thereto such property or subjects of taxation as may have been omitted. After such revision, the board shall, by rule, fix con- venient times for the hearing of appeals from said assessments and valuations, and, after the hearing of said appeals and the making of whatever changes may be considered proper, the valuations as so as- certained and revised, unless changed in the manner hereinafter pro- vided, shall stand as the valuations fpr the assessments of all State and county taxes until the next triennial assessment. Sec. 6, Act of July 22, 1919, P. L. 1093. S 815. NOTICE OF ASSESSMENTS AND TIME FOR AP- PEALS. ACTION OF BOARD ON APPEALS. When the triennial assessments shall be fixed, either for the whole county or in districts thereof, notice of that fact shall be given by publication in at least two newspapers of the county of the time when appeals will be heard. After the hearing of appeals, the board shall take such action in regard thereto as may be right and proper. Sec. 7, Act of July 22, 1919, P. L. 1093. 816. APPEALS TO COURT. After action on such assessments by the board for the assessment and revision of taxes, any taxpayer dissatisfied with the assessment on his property may, within thirty days from the final fixing of the said assessment and valuation, ap- peal therefrom to the court of common pleas of the said county; and it shall be the duty of the court at once to hear and determine said appeal, and, if necessary, to make such changes therein as may be right and proper. Sec. 8, Act of July 22, 1919, P. L. 1093. 817. INTERMEDIATE ASSESSMENTS. WHAT TO IN- CLUDE. TIME OF MAKING AND RETURN. The subordinate assessors shall, between the triennial assessments, revise any assess- ment or valuation according to right and equity by correcting errors and by adding thereto any property or subjects of taxation which may have been omitted or any new property or subjects of taxation which may have come into being since the last triennial assessment. They shall also add thereto the names of any persons who may have moved into such district, and strike therefrom the names of any persons who have removed from such districts, since the last triennial assessment. 361 The assessors shall also revise assessments and valuations between the triennial assessments by increasing or decreasing the same where the value of the property or subjects of taxation assessed or valued has changed by reason of any change of conditions thereon or ad- jacent thereto or in the vicinity thereof, or for the reason that the property assessed or valued has been sub-divided or laid out into a plan of lots or other sub-division, or for the reason that improvements have been placed thereon or added thereto, or for the reason that any public or other improvement has been made adjacent thereto or in the vicinity thereof, or where for any other reason whatsoever the value of the property has changed and it seems to the board necessary and equitable to make a change in the valuation thereof. All assessments required to be made by the subordinate assessors in the years between the triennial assessment shall be commenced on the first day of July, and shall be returned to the board for the as- sessment and revision of taxes not later than the thirty-first day of December of the year preceding the one for which it is made. Sec. 9, Act of July 22, 1919, P. L. 1093. 818. NOTICE OF CHANGE OF ASSESSMENT BETWEEN TRIENNIAL ASSESSMENTS. SERVICE OF NOTICE. RIGHTS WHERE THERE IS A DEFECT IN SERVICE. At least ten days written notice shall be given to any taxable person whose assessment shall be changed between triennial assessments, setting forth any change which has been made and the time and place set for hearing objections thereto. Such notice shall be served by the board or any member thereof, or by any subordinate assessor, or by any other person authorized so to do by the board, upon said taxable person, if he or she can be found in the county, or upon an adult person residing upon the prop- erty in question, in case the taxable person cannot be found in the county. When no service is made upon the taxable person or upon an adult person residing upon the property assessed, said notice shall be deemed to have been properly served if tacked or conspicuously posted upon the property assessed. No defect in service of any such notice shall be sufficient ground for setting aside any assessment so made, but, upon proof thereof be- ing made, the taxable person shall have the right to a rehearing be- fore said board relative to said assessment and to appeal therefrom to the court of common pleas as hereinafter provided. Sec. 10, Act of July 22, 1919, P. L. 1093. 819. AFTER HEARING VALUATION TO STAND UNTIL NEXT TRIENNIAL ASSESSMENT. After the hearing of any objections thereto and the making of any changes that may be 362 deemed proper, the valuation as so ascertained shall, unless changed in the manner herein provided, stand as the valuations for the as- sessments for county taxes until the next triennial assessment. Sec. 11, Act of July 22, 1919, P. L. 1093. 820. APPEAL TO COURT. Any taxable person dissatisfied with changes made in any assessment in the years between the tHennial may, within thirty days after the final fixing of the same, appeal to the court of common pleas of said county; and it shall be the duty of the court at once to hear and determine said appeal, and, if necessary, make such changes therein as may be right and proper. Sec. 12, Act of July 22, 1919, P. L. 1093. 821. APPEAL NOT TO AFFECT TAXES ASSESSED. EX- ONERATION OR RESTITUTION FOR EXCESS. No appeal taken from any such assessments shall affect the validity of any taxes assessed, but if such assessment shall thereafter be reduced, an ex- oneration shall be granted or restitution order for the excess of taxes paid by reason of any improper increase in the assessment. Sec. 13, Act of July 22, 1919, P. L. 1093. 822. STATEMENTS OF TAXABLE PROPERTY. Upon re- quest by any taxpayer, he shall at any time receive from the board a statement of his taxable property and its valuation. Sec. 14, Act of July 22, 1919, P. L. 1093. 823. TAXES FOR STATE AND COUNTY PURPOSES TO BE BASED UPON VALUATIONS MADE. When the said val- uations and assessments have been made, all taxation for county and State purposes within the limits of such county shall be based upon such valuations. Sec. IS, Act of July 22, 1919, P. L. 1093. 824. IN COUNTIES BETWEEN 800,000 AND 300,000 POPU- LATION. The said Board, (board of assessment and revision of taxes, see section 702 above), shall divide the county into convenient districts, and shall appoint one subordinate assessor for each of said districts. The said subordinate assessors shall make assessments and valuations of all pi-operty taxable for State and county pur- poses, together with a list of all persons taxable upon occupations, in their respective districts, and shall, on or before the first Monday of ^Jovember of the year preceding the next triennial assessment in such counties, file the same with the said Board for the Assessment and Revision of Taxes ; and thereupon the said Board shall examine and 363 revise the said valuations, increasing or decreasing' the same, as in their judgment may seem to be proper, or adding thereto such prop- erty or subjects of taxation as may have been omitted ; and after such revision the said Board shall, by rule, fix convenient times for the hearing of all appeals from the said assessments of valuations; and after the hearing of said appeals, and after making whatever changes may be considered proper, the valuations, as so ascertained and re- vised, shall stand as the valuations for the assessments of all county and State taxes until the next triennial assessment, and shall be made every three years thereafter. With power, however, in the as- sessors to revise the said assessments, according to right and equity, between the triennial assessments, by adding thereto new, increased or omitted subjects of taxation, and the revising of valuations if it is proper to do so ; and, upon request by any taxpayer, he shall at any time receive from the Board a statement of his taxable property and its valuation. When the triennial assessment shall be fixed, either for the whole county or in districts thereof, notice of that fact shall be given by publication in not more than two newspapers of the county, and of a time or times at which appeals will be heard. After hearing the appeals, the Board shall take such action in regard to them as may be right and proper; after such action on the appeals, any taxpayer who is dissatisfied with the assessment upon his prop- erty may, within thirty days from the final fixing of the said assess- ment and valuation, appeal to the court of common pleas of the count}'; and it shall be the duty of the court to at once hear and determine said appeal, and, if necessary, make such change therein as may be proper. In case of any change by the Board, during the intervals between the triennial assessments, as provided for in this section, if there be any increase in any particular assessment, or the addition of any. omitted subject of taxation, the taxpayer affected fhall, if a resident of the county, have written or printed notice left at his residence, at least ten days before the change is made, and, if a non-resident, then the notice shall be posted on the property, and such taxpayer may appeal, as provided above, to a court of com- mon pleas, and such court may take action as provided above in case of other appeals. The subordinate assessors, provided for in this act, shall receive the sum of three dollars per day for the time actually occupied in the discharge of their duties. The Board shall have the right to appoint such clerks as the salary board may allow, for the proper discharge of the duties of said Board, and all salaries and expenses shall be paid out of the county treasury. In so far as respects State taxes, the valuations and assessments shall be made by the Board annually, on or before December thirty-first. Sec. 2, Act of March 24, 1905, P. L. 47, No. 32. 364 825. ALL COUNTY TAXATION TO BE BASED ON VAL- UATIONS MADE. OFFICES OF ASSESSORS ABOLISHED. When the said valuations are made, all taxation for county and State purposes, within the limits of the county, shall be based upon such valuation ; and the office of ward, borough or township assessor or assessors, as now existing in counties coming under the provisions of this act, is hereby abolished, in so far as respects the assessment and valuation of property and occupations taxable for State and county purposes. Sec. 3, Act of March 24, 1905, P.' L. 47, No. 32. 14. Certified Duplicates for Use of First Class Townships. 826. COUNTY COMMISSIONERS TO FURNISH CERTI- FIED DUPLICATES OF LAST ADJUSTED VALUATIONS TO COMMISSIONERS OF TOWNSHIPS OF THE FIRST CLASS. The county commissioners of the several counties shall, on or before the first day of April of each year, at the expense of the county, fur- nish to the township commissioners of each township of the first class, for its use, a properly certified duplicate of the last adjusted valuation of all real estate, personal property, and occupations made taxable for county purposes in such township of the first class. Such duplicate shall state the name of each taxable, with the valuation, description, and kind of property and occupation of such taxable. Sec. 1, Act of May 5, 191S, P. L. 258. (e) Collectors. 1. Appointment or Election. General Powers and Duties. 827. IN FIRST CLASS CITIES. DEPARTMENT OF RE- CEIVER OF TAXES. There shall be a department of receiver of taxes of which the receiver of taxes shall be the head. He shall be elected and give bond as now provided by law, and shall hold office for a term of four years and until his successor is elected and qualified. Art. XV, Sec. 1, Act of June 25, 1919, P. L. 581. 828. SUPERVISION, ETC., OVER COLLECTION OF TAXES, EXCEPTING OVER BOARD OF REVISION OF TAXES. All officers charged with the duty of collecting taxes [and the receipt and collection of funds derived from loans, licenses, water-rents, water-pipe frontages, permits, and rents from markets, landings, wharves, and other public property and interests] shall be attached and subordinate to this department, and be subject to its supervision, control and direction. But [boards of directors of city 365 I trusts now existing, and] boards of revision of taxes created by any acts of Assembly of this Commonwealth, shall be appointed and perform their functions as heretofore. Art. XV, Sec. 2, Act of June 25, 1919, P. L. S81. 829. TO BE CHARGED BY CONTROLLER WITH AMOUNT OF TAX DUPLICATES. DAILY RETURNS. The receiver of taxes shall be charged by the controller with the full amount of all tax duplicates of the several wards [and also with all other accounts placed in his hands by the proper officer for collection,] and shall make daily returns to the controller of all moneys paid and by whom paid. Art. XV, Sec. 3, Act of Juue 25, 1919, P. L. 581. 830. IN SECOND CLASS CITIES AND CERTAIN THIRD CLASS CITIES. APPOINTMENT BY COUNTY COMMIS- SIONERS ON NOMINATION OF ASSESSORS. It shall be the duty of every assessor on or beforft the day of appeals in every year, to return the names of two respectable citizens of his ward, [town- ship or district,] to the commissioners of the respective county, one cf whom so returned shall be appointed by such commissioners, the collector of county rates and levies for such ward, [township or dis- trict] if he shall give security as is hereinafter provided. Sec. 17, Act of April 15, 1834, P. L. 509. The election of tax collectors in boroughs being provided for by the Act of June 25, 1885, P. L. 333, as amended; the collection and col- lectors in townships of the first and second classes being provided for in the Township Code, Act of July 14,. 1917, P. L. 840; county tax col- lectors being appointed in cities of the third class under the provisions ^ of the Act of April 10, 1899, P. L. 34; all taxes being collected in cities of the first class by a receiver of taxes, and special provision being made in counties between 1,000,000 and 300,000 population — it would seem that collectors of county taxes are now appointed under the pro- visions of the above and the two following sections only in wards of cities of the second class in counties having more than 1,000,000 or less than 300,000 inhabitants, and perhaps in wards of cities of the third class that have not accepted the provisions of the Act of May 23, 1874, P. L. 230, in which the collection of county taxes is not otherwise regulated by law. It may be noted that in Pittsburgh, the only city of the second class in a county over 1,000,000 population, county taxes are collected by the county treasurer under a local act. The county commissioners are not compelled to appoint either one of the persons whose names were returned. See following section. 831. COMMISSIONERS NOT RESTRICTED IN MAKING APPOINTMENTS. The county commissioners of the several counties in this commonwealth, who have the power to appoint col- lectors of state and county taxes, may do so without being confined 366 in their selection to the persons whose names may be returned by the assessors, anything in the act passed the fifteenth day of April, eight- een hundred and thirty-four, entitled "An Act relating to county rates and levies, and township rates and levies," to the contrary notwith- standing. Sec. 1, Act of February 1, 1856, P. L. 13, No. 21. See preceding section and note. 832. APPOINTMENT BY COUNTY COMMISSIONERS IN WARDS IN CITIES OF THE THIRD CLASS. The commis- sioners of the several counties of this Cottimonwealth containing cities of the third class, shall have the power to appoint one person as collector of State and county taxes for one or more wards in such cities of the third class, situate in their respective cqunties. Sec 1, Act of April 10, 1899, P. L. 34, No. 31. It is doubtful whether this act repeals local laws relating to the collection of state and county taxes in cities of the third class. In Commonwealth v. Commissioners of Luzerne Coimty, 14 D. R. 683 (1904), it was held that it did repeal such acts; while the contrary was held in Thatcher v. Commissioners of York County, 13 D. R. 70 (1903). It seems certain, however, that not only such local acts, but the above act itself, were intended to be superseded by the Act of April IS, 1913, P. L. 75 (following section), as to cities of the third class in counties containing a population between 1,000,000 and 300,000. 833. POWER TO COLLECT IN ANY WARD IN CITIES OF THE THIRD CLASS. COLLECTOR TO BE RESIDENT OF CITY FOR WHICH HE IS APPOINTED. Collectors appointed by virtue of the first section of this act shall have full power to collect State and county taxes in any ward of any city of the third class, whether such person be a resident of such ward or not: Provided, The person so appointed shall be a resident of the city for which he 's appointed. Sec. 2, Act of April 10, 1899, P. L. 34, No. 31. 834. APPOINTMENT BY BOARD FOR ASSESSMENT AND REVISION OF TAXES IN CITIES IN COUNTIES BETWEEN 1,000,000 AND 300,000 INHABITANTS. BOND. POWERS AND DUTIES. In counties governed by the provisions of an act to which this act is a supplement, the county taxes shall be collected in each city of such counties by a tax collector who shall be ap- pointed by the Board for the Assessment and Revision of Taxes annually, on or before the fifteenth day of April, or as soon there- after as possible, and who shall serve until his successor is appointed and has qualified. He shall furnish such bond as may be fixed and approved by the board. He shall be the collector of all county taxes 367 assessed and levied in the respective city, and shall perform the duties and be subject to the existing laws, now in force or hereafter enacted, for the collection of county taxes in this Commonwealth. Sec. 1, Act of April 15, 1913, P. L. 75. This act is a supplement to the Act of March 24, 1905, P. L. 47 (Sees. 702, 824 and 825 above). 835. TO BE ELECTED IN BOROUGHS. TO GIVE BOND. The qualified voters of every borough [and township] in the Com- monwealth of Pennsylvania shall, on the third Tuesday of February after the passage of this act and triennially thereafter, vote for and elect one properly qualified person for tax collector in each of said districts, who shall serve for the term of three years, and shall give a bond annually to be approved by the court. Sec. 1, Act of June 6, 1893, P. L. 333, No. 273. All municipal officers are now elected at the tnuwicipal election in odd numbered years for a term of four years, according to the consti- tutional amendments of 1909. Repealed as to townships of the second class by Act of July 14, 1917, P. L. 969. 836. POWERS AND LIABILITIES. The collector of taxes shall have all the power for the collection of said taxes, during his term of office, heretofore vested in collectors of county taxes under existing laws, and be subject to the same liabilities and penalties for neglect, or violation of the duties of his office. Sec. 5, Act of June 25, 1885, P. L. 187. 837. ON THE CONSOLIDATION OF TWO OR MORE BOR- OUGHS. POWERS AND DUTIES. BOND. The respective tax collectors of said boroughs shall continue in office until the ex- pirations of their respective terms of service, and shall respectively have all the authority of collectors of taxes within the limits of such new borough for the collection of taxes set forth in their respective duplicates, and at the first municipal election after such consolidation, and thereafter triennially, the qualified electors of such borough shall elect one person to be collector of taxes of such borough, who shall have all the power and authority of collectors of State and count}^ taxes under the general laws of this Commonwealth, and shall also be the collector of the borough, road, poor and school taxes levied by the proper authorities of said borough, and all pre- cepts and duplicates shall be issued and delivered to said collector of taxes, Avho shall give security for the faithful performance of duties in the manner provided by the laws of the Commonwealth relative to collectors of taxes. Sec. 12, Act of June 6, 1893, P. L. 335, No. 278. All municipal officers are now elected for a four-year term under the constitutional amendments of 1909. The greater part of the Act of 1893 has been repealed by the Act of May 14, 1915, P. L. 312, which supplies the provisions for the consoli- dation of boroughs. > 36S S38. TOWNSHIP TREASURER IN TOWNSHIPS OF FIRST CLASS TO COLLECT TAXES. POWERS AND DUTIES. COMPENSATION. The township treasurer in town- ships of the first class, by virtue of his office as treasurer, shall be tax collector. He shall collect all State, county, township, school, poor, and other taxes, within such township of the first class, levied by authorities empowered to levy taxes. He shall, in addition to the powers, duties, and responsibilities enumerated in chapter eight, article one, have all the powers, perform all the duties, be subject to all the obligations and responsibilities, and receive the same com- pensation for collecting such taxes other than township taxes, as are now by law vested in, conferred upon, or imposed upon or received by, collectors of the several classes of taxes hereinbefore mentioned. It is the purpose and intent of this section that no taxes shall be collected in any township of the first class except by the treasurer of the township. Sec. 274, Act of July 14, 1917, P. L. 840. 839. TO BE ELECTED IN TOWNSHIPS OF SECOND CLASS. TERM. At the municipal election in the year one thousand nine hundred and seventeen, and at the municipal election every four years thereafter, the qualified electors of each township of the second class shall elect one tax collector to serve for a term of four years, from the first Monday of January next succeeding such elec- tion. Sec. 170, Act of July 14, 1917, P. L. 840. 840. PROVISIONS FOR ELECTION WHEN NEW SEC- OND CLASS TOWNSHIP IS CREATED. TERMS. Whenever a township of the second class is created by the division of a town- ship of the first or second class, under the provisions of chapter three, article four of this act ; or whenever a township of the second class is created by re-establishment from a township of the first class, as provided by chapter three, article three of this act ; or when- ever a township of the second class is erected, under the provisions of chapter three, article one of this act, and, in the latter case, the court so orders, — the qualified electors of such township shall, at the next municipal election, elect one tax collector, for either of the following terms; to wit, — If such election occurs in the year in which an election for tax collector is held under the provisions of section one hundred and seventy of this act, (preceding section), then such tax collector shall be elected for a term of four years. If such election occurs in a year when no tax collector is elected under the provision of said section one hundred and seventy, then such tax collector shall be elected for a term of two years. 369 All tax collectors elected under this section shall hold their office for a term of two or four years, as the case may be, from the first Monday of January next following their election. At the municipal election preceding the expiration of the term of any of the aforesaid tax collectors, and at the municipal election every four years thereafter, a tax collector shall be elected for a term of four years, to hold office from the first Monday of January next succeeding such election. Sec. 171, Act of July 14, 1917, P. L. 840. 841. IN SECOND CLASS TOWNSHIPS. POWERS AND DUTIES. COMPENSATION. The tax collector of townships of the second class shall collect all State, county, township, schc)ol, poor, and other taxes levied within townships of the second class by au- thorities empowered to levy taxes. He shall, in addition to the powers, duties, responsibilities, and compensation enumerated in chapter eight, article two, have all the powers, perform all the duties, be subject to all the obligations and responsibilities, and receive the same compensation for collecting such taxes other than township taxes, as are now vested in, conferred upon, or imposed upon or re- ceived by, collectors of the several classes of taxes hereinbefore men- tioned. Sec. 365, Act of July 14, 1917, P. L. 840. 842. NOT ELIGIBLE FOR REAPPOINTMENT UNLESS FINAL SETTLEMENT MADE AND AMOUNT PAID OVER BY HIM ON FORMER DUPLICATES. No person shall be re- appointed a collector of county or township rates and levies, who shall not have finally settled and paid over the whole amount re- ceived by him on former duplicates. Sec. 42, Act of April IS, 1834, P. L. 509. 843. NOT ELIGIBLE FOR APPOINTMENT UNLESS THE WHOLE AMOUNT OF FORMER DUPLICATES HAVE BEEN PAID OVER. No person shall be appointed collector of county rates and levies, who shall not have paid over the whole amount of his former duplicates. Sec. 5, Act of February 28, 1835, P. L. 45. , See also Sec. 18, Act of 1799, 3 Sm. L. 392 (Sec. 904 below). (NOTE: For appointment in certain cases to collect si>ecial taxes, see Sec. 854 below). 24 370 2. Filling of Vacancies. 844. IN SECOND CLASS CITIES AND CERTAIN THIRD CLASS CITIES. APPOINTMENT BY COMMISSIONERS. If any assessor shall fail to return the names of two citizens as is hereinbefore provided, or if neither of the persons returned, shall give the security hereinafter required, or if any person appointed a collector, shall refuse or neglect to perform the duties of his of- fice, or shall die, or become otherwise incapable to act, it shall be the duty of the commissioners to appoint some other suitable person as collector, who shall give security as is hereinafter provided, and so on as often as may be necessary. Sec. 18. Act of April IS, 1834, P. L. 509. See Sees. 830 and 831 above and note. 845. IN BOROUGHS. APPOINTMENT BY COUNTY COM- MISSIONERS ON PETITION FOR UNEXPIRED TERM. If any vacancy shall occur in the office of tax-collector, after any bor- ough or township election, by reason of the erection of any new township or borough ; or if the duly qualified electors of any borough or township shall fail to elect a tax-collector ; or when a tax-collector that has been elected shall fail to qualify, or shall fail or neglect to perform the duties of such office, or shall neglect to give bond on or before the fourth day of the term of quarter sessions ensuing his election ; or if any other vacancy shall occur by death, resignation, or otherwise, — the county commissioners of the county, in which such vacancy exists, shall fill such office by appointing a suitable person, resident of the district in which such vacancy exists. Such appoint- ment shall be for the unexpired term, and upon petition of the bor- ough council or the supervisors or the township commissioners, or of ten citizens of the borough or township in which such vacancy exists. Sec. 1, Act of May 17, 1917, P. L. 221, No. 122. This section although apparently applying to boroughs and town- ships of both the first and second class, could never have had any appli- cation to townships of the first class, where the treasurer, by virtue of his office as such, is also tax collector. See Sec. 838 above. It is also doubtful whether it has any present application to second class town- ships, since the Township Code, a later enactment (Act of July 14, 1917, P. L. 840), makes full provision for the filling of these vacancies. See Sec. 840 above and Sec. 847 below. 846. COUNTY COMMISSIONERS UPON PETITION MAY APPOINT A RESIDENT OF THE COUNTY IN CASE A RESI- DENT OF THE DISTRICT WILL NOT SERVE. If no person resident within such district is willing to accept the appointment to fill such vacancy in the office of tax-collector, the authorities au- 371 thorized to levy and assess taxes in such district shall petition the county commissioners for the appointment of a tax-collector. There- upon the county commissioners may appoint any citizen of the county to collect the taxes in such district. Sec. 2, Act of May 17, 1917, P. L. 221, No. 122. 847. IN SECOND CLASS TOWNSHIPS. APPOINTMENT BY QUARTER SESSIONS ON PETITION FOR UNEXPIRED TERM. COURT TO DECLARE VACANCY ON FAILURE OF PERSON ELECTED TO QUALIFY. APPOINTMENT OUT- SIDE OF TOWNSHIP. If the electors of any township of the second class shall fail to choose a tax collector, or of any person elected to such office shall fail to qualify, or if a vacancy shall occur in the office by death, resignation, or otherwise, the court of quarter sessions shall, upon presentation of a petition of any citizen who is a resident of the township, setting forth the facts, appoint a person to fill the vacancy for the unexpired term of the person whose place he is appointed to fill. In cases when the person elected to the office shall fail to qualify, the court, before making the appointment, shall declare the office vacant. Whenever a vacancy exists in the office of tax collector in any township of the second class, and no person resident within the township is, willing to accept the appointment to fill such vacancy, the authorities authorized to levy and assess taxes in the township may petition the court of quarter sessions for the appointment of a tax collector, whereupon the court may appoint any citizen of the county to collect such taxes. Sec. 183, Act of July 14, 1917, P. L. 840. Quaere: Does this section supply the Act of May 17, 1917, P. L. 221 (two preceding sections), as to township tax collectors? 3. Oath of Office and Bond. (NOTE: See also sub-division (e) 1, of this chapter, and Sees. 834, 835, 837 above, and 860, 908 and 914 below.) 848. BOND OF COLLECTORS OF COUNTY TAXES GEN- ERALLY. AMOUNT. POWER TO CONFESS JUDGMENT. SURETIES. MORTGAGE. No person shall be appointed col- lector of county rates and levies, unless he shall give bond in such amount as shall be determined by the commissioners with warrant of attorney to confess judgment thereon, and with such surety or sureties therein as shall be satisfactory to the commissioners, or a bond with a mortgage of real estate sufficient to secure such amount. Sec. 19, Act of April 15, 1834, P. L. 509. 372 849. CONDITION OF BOND TO COLLECT AND PAY OVER TAXES CHARGED AND ASSESSED IN DUPLICATE DELIVERED. The condition of the bond to be given by the sev- eral collectors as is hereinbefore provided, shall be that such collec- tor, shall well and truly collect and pay over or account for ac- cording to law, the whole amount of the taxes charged and assessed in the duplicate delivered to such collector. Sec. 43, Act of April IS, 1834, P. L. 509. Repealed as to townships, Act of July 14, 1917, P. L. 840. 850. BOND OR MORTGAGE NOT REQUIRED IN CER- TAIN CASES. The commissioners of the several counties shall have power to appoint collectors of taxes without requiring the bond or mortgage, or other security, directed by the nineteenth section of the act relating to county rates and levies, and township rates and levies: (Section 848 above.) Provided, That the person so ap- pointed shall own a freehold estate, which, in the opinion of said commissioners, shall be a sufficient security for the faithful perform- ance of his duties as collector. Sec. 1, Act of February 28, 1835, P. L. 45. 851. OATH OF OFFICE AND BOND IN BOROUGHS. FIL- ING. AMOUNT. SECURITIES, APPROVAL AND CON- DITIONS OF BOND. The collector of taxes shall, before he enters upon the duties of his office, take and subscribe an oath of office, and file the same in the office of the court of quarter sessions of the proper county, and shall enter into a bond to the Commonwealth, in not more than the amount of taxes charged and assessed in the duplicates, with at least two sufficient sureties, or one trust or bond- ing company; said bond to be approved by said court, or a judge thereof in vacation, and filed in the office of the clerk of said court; the condition of which bond shall be, that the said collector shall > well and truly pay over, or account for according to law, the whole amount of taxes charged and assessed in the duplicate which shall be delivered to him. Sec. 1, Act of May 8, 1909, P. L. 474, amending Sec. 3, Act of June 25, 1885, P. L. 187. Repealed as to township taxes by the Act of July 14, 1917, P. L. 840. So much of this section as provides that the bond may be approved by "a judge thereof in vacation" is repealed by the Act of June 6, 1893, P. L. 333. Com. v. Com'rs. of Bedford County, 6 Pa. Supr. Ct. 211 (1897). It seems that the amount of the bond is fixed by the county commis- sioners. See Act of June 8, 1891, P. L.^212, No. 185 (Sec. 914 below). 373 852. OATH OF OFFICE AND BOND OF TREASURER IN FIRST CLASS TOWNSHIPS. FILING. AMOUNT, SURE- TIES, APPROVAL AND CONDITIONS OF BOND. The treas- urer of every township of the first class shall, before he enters upon the duties of his office as collector of taxes, take and subscribe an oath of .office and file the same in the office of the court of quarter sessions, and shall annually enter into a bond to the Commonwealth, in not more than the amount of taxes charged and assessed in the dupli- cates, with at least two sufficient sureties or one trust or bonding company. The bond shall be approved by the court of quarter ses- sions and shall be filed in the office of the clerk of said court. The condition of the bond shall be, that the treasurer shall well and truly pay over or account for the whole amount of taxes charged and assessed in the duplicates which shall be delivered to him. This bond does not cover the collection and payment over of township or school taxes. Sec. 275, Act of July 14, 1917, P. L. 840. 853. OATH OF OFFICE AND BOND IN SECOND CLASS TOWNSHIPS. FILING. AMOUNT, SURETIES, APPROVAL AND CONDITIONS OF BOND. The collector of taxes of town- ships of the second class shall, before he enters upon the duties of his office, take and subscribe an oath .of office and file the same in the office of the court of quarter sessions, and shall annually enter into a bond to the Commonwealth, in not more than the amount of taxes charged and assessed in the duplicates, with at least two suf- ficient sureties or one trust or bonding company. The bond shall be approved by the court of quarter sessions and shall be filed in the office of the clerk of said court. The condition of the bond shall be, that the collector shall well and truly pay over or account for the whole amount of taxes charged and assessed in the duplicates which shall be delivered to him. This bond does not cover the collection and payment over of school taxes. Sec. 366, Act of July 14, 1917, P. L. 840. 854. COURTS MAY REQUIRE BOND WITH SURETIES FOR THE COLLECTION AND PAYING OVER OF SPECIAL TAXES. APPOINTMENT IN CASE OF FAILURE TO GIVE BOND WITHIN TIME ORDERED BY COURT. APPOINTEE TO GIVE BOND WITH SURETIES. It shall and may be lawful for all the several courts of any county of this commonwealth to re- quire of the proper parties of any borough, township or district, au- thorized and empowered to collect special taxes, a bond in such amount as the court shall direct, with one or more sureties, con- ditioned for the faithful collection and paying over of all special 374 taxes, directed to be assessed and collected for the purpose of pay- ing, indebtedness or any other purpose, in pursuance of the pro- visions of any law now in force or hereafter passed, which bond shall be filed in the said court for the protection of all parties interested therein ; and in case the said officer or officers, refuse or neg-lect to give security as aforesaid to be approved by the court, within the time ordered by the court, it shall nevertheless be the duty of such officer or officers to assess to levy the said taxes as required by law, and the court may appoint a tax collector, who shall collect the said taxes and pay the same into court, to be distributed by the court to and among the persons entitled thereto: Provided, That before such tax collector shall enter upon his duties, he shall give a bond, with one or more sureties to be approved by the court for the faith- ful performance of the duties of his appointment. Sec. 1, Act of May 25, 1878, P. L. ISO, No. 191. 4. Compensation. 855. FIVE PER CENT. OF ALL MONEYS COLLECTED. ALLOWANCE ON FINAL SETTLEMENT OF DUPLICATES. Every collector shall be entitled to retain at the final settlement of his duplicate, the sum of five per cent, on all moneys by him collected, which shall be allowed to him by the treasurer of the proper county or township, as the case may be, and shall be in full compensation for his services as collector. Sec. 52, Act of April IS, 1834, P. L. 509. Repealed except in so far as it relates to taxation for poor or county- purposes, by Act of July 14, 1917, P. L. 961. 856. IN BOROUGHS AND TOWNSHIPS. The collector of taxes shall collect the taxes charged in said duplicates, and pay over the same to the respective treasurers or authorities entitled thereto, after deducting his commission for the collection thereof. Such com- mission shall be fixed by the authorities of the respective boroughs or townships, and shall not exceed five per centum of the amount collected. Part of Sec. 1, Act of May 21, 1913, P. L. 284, amending Sec. 9, Act of June 25, 1885, P. L. 187, as amended. It is doubtful whether it was intended that borough and township authorities should fix the rate of compensation for the collection of county taxes. The original section of the Act of 1885 undoubtedly applied to the collection of county taxes, as it referred back to the duplicates provided for in Sec. 4 of the Act (Sec. 865 below). Quaere: Whether it was intended by the amendment of 1913 to revive Sec. 52 of the Act of April 15, 1834, P. L. 509 (preceding section), as to the collection of county taxes? 375 5. Record of Borough and Township Collectors. 857. NOTICE TO BE GIVEN TO COUNTY TREASURERS. INFORMATION CONTAINED. Each collector of taxes before he assumes the duties of, his office shall notify the county treasurer, in writing, setting forth his name, address, where the taxes are receiv- able, the office hours when he sits to receive taxes, and the district or districts for which he collects taxes. Sec. 1, Act of March 26, 1915, P. L. 11, No. 11. 858. COUNTY TREASURER TO ENTER NAMES, ETC., IN A BOOK. BOOKS TO BE OPEN TO INSPECTION. The dounty treasurer shall procure, at the expense of the county, a book to be known as the Tax Collectors' Address Book, wherein he shall cause to be set forth and indexed, by township and by borough, and by name of collector, the information furnished him as required in section one of this act. Such book shall be kept in the office of the county treasurer, and shall be open during office hours to public in- spection. Sec. 2, Act of March 26, 1915, P. L. 11, No. 11. 859. PENALTY FOR NEGLECT. Any person who neglects or refuses to comply with the provisions of this act shall on conviction summarily before any alderman, magistrate or justice of the peace be sentenced to pay a fine not more than fifty dollars. Sec. 3, Act of March 26, 1915, P. L. 11, No. 11." 6. Deputies and Representatives. 860. APPOINTMENT OF DEPUTY WITH APPROVAL OF COUNTY TREASURER. RESPONSIBILITY FOR ACTS OF DEPUTY. It shall be lawful for any collector with the approbation of the treasurer of the proper county [or township, as the case may be,] to employ a suitable person to act for him in the execution of his warrant, such collector ahd his sureties being in all cases re- sponsible for the acts of such deputy. Sec. 51, Act of April 15, 1834, P. L. 509. 861. COLLECTION BY EXECUTORS OR ADMINISTRA- TORS. TIME LIMIT. The executors or administrators of any deceased tax collector, within this commonwealth, shall have the same powers, until the end of two years from the date of the war- rant, to enforce the collection of the unpaid taxes, as the collector would have, if living. Sec. 1, Act of March 26, 1867, P. L. 45. 376 862. EXECUTORS OR ADMINISTRATORS MAY APPOINT A DEPUTY. It shall be lawful for the executors or aciministrators of any deceased tax collector, to employ a suitable person to act for them, in the execution of the warrants, with all the powers possessed by the deceased collector. Sec. 2, Act of March 26, 1867, P. L. 45. 7. Penalties. 863. ON COLLECTOR NOT REQUIRED TO FURNISH SE- CURITY, REFUSAL TO SERVE. COLLECTION. NOT TO BE REAPPOINTED WITHOUT HIS CONSENT. If any per- son appointed collector from whom security shall not be required, [or if any assessor,] shall refuse to serve, he shall forfeit and pay the sum of [twenty] dollars, to be recovered before a justice of the peace or alderman, at the suit of the commissioners, as debts of similar amount are now recoverable : Provided, That no person who shall have served as collector or assessor, shall be appointed or chosen for a second term, without his consent, for the term of ten years. Sec. 2, Act of February 28, 1835, P. L. 45. The penalty for the refusal of a tax collector to serve is now fifty dollars by the Act of April 22, 1846, P. L. 490, Sec. 20. (£) Collection. 1. Duplicates and Warrants for the Collection of Taxes. 864. COMMISSIONERS TO ISSUE. The commissioners of each county shall issue their warrants with the duplicate aforesaid, to the respective collectors of county rates and levies, therein au- thorizing and requiring them to demand and receive from every person in such duplicate named, the sum wherewith such person stands charged. Sec. 20, Act of April 15, 1834, P. L. 509. 865. IN BOROUGHS AND TOWNSHIPS. The several county, [borough, township, school, poor and other] authorities now em- powered, and which may hereafter be empowered, to levy taxes within the several boroughs and townships of this Commonwealth, shall, on or before the first day of August of each year after the first election of collector of taxes under this act, issue their respec- tive duplicates of taxes assessed to the collector of taxes of their respective boroughs and townships with their warrants attached, di- recting and authorizing him to collect the same. Part of Sec. 4, Act of June 25, 1885, P. L. 187. Sec. 13 of this act saves all local acts from repeal. 377 866. WARRANTS TO BE EFFECTUAL FOR TWO YEARS. Every warrant to a collector issued as is hereinbefore; provided, shall be effectual to authorize him to collect the sums charged in his duplicate during the period of [three] years from the date of his warrant. Sec. 44, Act of April IS, 1834, P. L. 509. The period of three years was changed to "two" years by the Act of April 22, 1846, P. L. 486, Sec. 21. 867. ENTRY ON MINUTES OF COMMISSIONERS. COPY TO TREASURER. It shall be the duty of the clerk of the commis- sioners to enter the names of the collectors, and the amount of their respective duplicates, on the minutes of the office, and to furnish the county treasurer with a copy thereof ; and the twenty-second section of the act to which this is a supplement is hereby repealed. Sec. 4, Act of February 28, 183S, P. L. 45. 2. Collection in Boroughs and Townships. 868. COLLECTORS TO KEEP BOOK OF NAMES OF TAX- ABLES AND AMOUNT OF TAX CHARGED. TO BE OPEN FOR INSPECTION. TO BE TURNED OVER TO HIS SUC- CESSOR. The collector of taxes shall provide an appropriate book, the cost of which shall be allowed to him in the settlement of his accounts, in which he shall enter in alphabetical order the names of all persons charged with taxes in the duplicates aforesaid, and showing the amount of such tax charged against each person, which book shall be at all times open to the inspection of each taxpayer, and shall be delivered by the collector of taxes at the expirafion of his term to his successor in office. Sec. 6, Act of June 25, 1885, P. L. 187. Sec. 13 of this act saves local laws from repeal. 869. NOTICE TO TAXABLES BY MAIL. CONTENTS OF NOTICE. Each tax collector of the several boroughs and town- ships of this Commonwealth, within thirty days after receiving the tax duplicate, shall notify every taxable whose name shall appear on such duplicate. Such notice shall contain the rate of taxation, thei valuation of the property of such taxable, the occupation of such taxable, the full amount of taxes for which said taxable shall be liable for the current year. Such notice shall further state that such taxes are payable, shall designate a place and time, or times, and when they shall be paid, and shall further state the time within which an abatement of tax will be allowed, when the full amount of tax V 378 •will be collected, and when an additional, percentage will be added as a penalty. Such notice shall be mailed to the last known post of- fice address of each of said taxables. Sec. 1, Act of May S, 1911, P. L. 170, No. 123. Repealed as to townships by the Act of July 14, 1917, P. L. 986. While nothing is specified in this act, nor in its title, as to whether it applies to county taxes, it is believed that such is the intention. The act has therefore been included. 870. MAY DEDUCT ACTUAL PRINTING AND POSTAGE EXPENSES. ADJUSTMENT OF AMOUNT. It shall be law- ful for the said tax collectors to retain, out of the respective taxes collected by them, such actual printing and postage expenses as shall be incurred by them in performing the duties herein prescribed. Such amounts so retained shall be adjusted by the respective boards receiving such taxes. Sec. 2, Act of May S, 1911, P. L. 170, No. 123. Repealed as to townships by the Act of July 14, 1917, P. L. 986. 871. TO MAKE AFFIDAVIT OF COMPLIANCE WITH ACT BEFORE ALLOWANCE IS MADE. Before any allowance is made by the respective boards, receiving taxes, for commissions due to the collector for taxes collected, an aifidavit shall be made by the collector, setting forth that he has complied with the provisions of this act. Sec. 3, Act of May 5, 1911, P. L. 170, No. 123. Repealed as to townships by the Act of July 14, 1917, P. L. 986. 872. PUBLIC NOTICE TO BE GIVEN OF ISSUE AND DE- LIVERY OF DUPLICATES. REDUCTION FOR PAYMENT WITHIN SPECIFIED TIME. ADDITIONAL CHARGE IF NOT PAID WITHIN CERTAIN TIME. Where any duplicate of taxes assessed is issued and delivered to the collector of taxes, it shall be the duty of said collector to give public notice as soon there- after as conveniently can be done, by at least ten written or printed notices, to be posted in as many public places in different parts of the township or borough, that said duplicate has been issued and de- livered to him; and all persons who shall within ninety days from the date of said notice, make payment of any taxes charged against them in said duplicate, shall be entitled to a reduction of five per centum from the amount thereof; and all persons who shall fail to make payment of any taxes charged against them in said duplicate, for six months after notice given as aforesaid, shall be charged five 379 per centum additional on the taxes charged against them, which shall be added thereto by said collector of taxes and collected by him. Sec. 1, Act of May 1, 1909, P. L. 305, amending Sec. 7, Act of June 25, 1885, P. L. 187. Sec. 13 of the Act of 1885 saves all local acts from repeal. The section is repealed as to township taxes by the Act of July 14, 1917, P. L. 967. 873. TIME AND PLACE FOR RECEIVING TAXES. The collector of taxes shall, in person or by some person duly authorized, be in attendance for the purpose of receiving and receipting for taxes on Thursday, Friday and Saturday of each week, during the last two weeks of said sixty days, between the hours of two o'clock and six o'clock in the afternoon at his residence, or some other place in the proper township or boroujfh, to be designated by him in the notice aforesaid. Sec. 8, Act of June 25, 1885, P. L. 187. The period of sixty days has been changed to ninety by the act of May 21, 1913, P. L. 284. Sec. 13 of the Act of 1885 saves all local acts from repeal. 874. TO GIVE NUMBERED RECEIPTS FROM A STUB BOOK. MEMORANDUM ON STUB IN INK. CONTENTS OF RECEIPT AND MEMORANDUM. Tax collectors of town- ships and boroughs of the Commonwealth furnish each person, on the payment of taxes, with a numbered receipt setting out date, name of taxpayer, amount of tax and district in which taxpayer is assessed, from a book to be furnished by the county commissioners containing a stub, that on the stub a memoranda shall be made in ink of the number of the receipt, the date, name of taxpayer, amount of tax and district in which taxpayer is assessed. Sec. 1, Act of June 25, 1895, P. L. 296, No. 212. 875. REPORT TO COUNTY COMMISSIONERS. CON- TENTS OF REPORT. Twenty days before each election the tax collector of townships and boroughs shall send a sheet to the ofifice of the county commissioners containing the number of each receipt issued, date of payment, name of taxpayer, amount of tax and dis- trict in which taxpayer is assessed for the period since the last re- port. The first report shall be for taxes received on and after June first, one thousand eight hundred and ninety-five. Sec. 2, Act of June 25, 1895, P. L. 296, No. 212. 380 876. COMMISSIONERS TO HAVE REPORTS BOUND. OPEN FOR INSPECTION. The commissioners are hereby di- rected to have such reports of taxpayers bound and kept for public inspection. Sec. 3, Act of June 25, 189S, P. L. 296, No. 212. 877. PENALTY ON COLLECTOR FOR FAILURE TO COMPLY. Any tax collector failing to comply with the provisions of this act shall be guilty of a misdemeanor, to be fined not more than two hundred dollars, or imprisoned not more than one year, or both at the discretion of the court. Sec. 4, Act of June 25, 1895, P. L. 296, No. 212. 3. Payment of Taxes. 878. JOINT OWNERS OF SEATED LAND MAY PAY PRO- PORTIONATE SHARE OF TAXES. Any joint tenant, tenant in common, or coparcener of seated land in this Commonwealth, shall have the right to pay his, her, or their proportionate part of the amount of taxes due thereon ; and it shall be the duty of the tax-col- lector to receive and receipt for the same; and the interest of any such joint tenant, tenant in common, or coparcener shall not be affected by any proceeding or sale to enforce payment of taxes on the other interests in said land. Sec. 1, Act of June 23, 1917, P. L. 645, No. 226. See also provisions of Act of May 24, 1917, P. L. 270, Sees. 954 and 955 below. 879. EMPLOYERS TO DEDUCT TAXES FROM WAGES OF ALIENS WHEN NOTIFIED. PAY OVER TO COLLECTOR. From and after the passage of this act all corporations, associations, companies, firms or individuals employing persons who are not citizens of the United States shall, upon the receipt of a written notice from the tax collector of the county or district in which such taxes was assessed, containing the name or names of the taxable or taxables and the amounts respectively due, deduct from the wages or earnings of such employe or employes a sum sufficient to pay the respective amounts of taxes assessed against each of such alien employes, and pay the same to the collectors of the district in which said aliens are employed within sixty days after said notice shall have been given. Sec. 1, Act of June 7, 1897, P. L. 135. 880. PENALTY FOR VIOLATION OF ACT. COLLEC- TION. Any corporation, association, company, firm or individual failing to comply with the provisions of this act shall forfeit and pay 381 the sum of double the amount of the tax for each and every taxable whose taxes are not withheld and paid over as herein directed to be recovered by action of assumpsit as debts of like amount are now by law recoverable, and when collected shall be paid into the treasury of the county in which such alien labor is or was employed for the use of such county. Sec. 2, Act of June 7, 1897, P. L. 135. 881. POLL TAX NOT TO BE RECEIVED FROM OTHER THAN PERSON ASSESSED UNLESS BY WRITTEN ORDER. That it shall be unlawful for any officer, clerk or other person au- thorized to collect taxes and receipt therefor, to receive payment of or receipt for any occupation or poll tax assessed for [State or] county purposes from any persons other than the elector against whom such tax shall have been assessed, except upon his written and signed order authorizing such payment to be made. Sec. 2, Act of July IS, 1897, P. L. 276, No. 218. See also Sec. 909 below. 882. PENALTY FOR VIOLATION OF ACT. MISDE- MEANOR. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdeineanor, and on convic- tion thereof in the court of quarter sessions of the proper county, be punished by imprisonment in the county prison for a term of not less than twenty days nor more than six months, in the discretion of the court, or by such fine not exceeding two hundred dollars as said court shall impose. Sec. 4, Act of July IS, 1897, P. L. 276, No. 218. 4. Enforcing Payment. 883. POWER TO DISTRAIN FOR NON-PAYMENT. PRO- CEDURE. ARREST OF DELINQUENT. If any person shall neglect or refuse to make payment of the amount due by him for such tax within thirty days from the time of demand so made, it shall be the duty of the collector aforesaid to levy such amount by distress and sale of the goods and chattels of such delinquent, giving ten days public notice of such sale, by written or printed advertisements and in case goods and chattels sufficient to satisfy the same with the costs cannot be found such collector shall be authorized to take the body of such delinquent, and convey him to the jail of the proper county there to remain until the amount of such tax together with the costs shall be paid or secured to be paid, or until he shall be otherwise discharged by due course of law. Sec. 21. Act of April 15, 1834, P. L. 509. The faxeg referred to are county rates and levies. ^.ffii 382 884. CERTAIN PERSONS EXEMPT FROM ARREST OR IMPRISONMENT FOR NON-PAYMENT. Nothing herein con- tained shall authorize the arrest or imprisonment for non-payment of any tax of any female or infant, or person found by inquisition to be of unsound mind. Sec. 4S, Act of April IS, 1834, P. L. 509. 885. TENANTS LIABLE FOR TAXES. MAY DEDUCT AMOUNT FROM RENT DUE. Every tenant who may or shall occupy or possess any lands or tenants, shall be liable to pay all the taxes which during such occupancy or possession may thereon be- come due and payable; and having so paid such taxes, or any part thereof, it shall be lawful for him, by action of debt or otherwise, to recover said taxes from his landlord, or at his election to defalcate the amount thereof in the payment of the rent due to such landlord, un- less such defalcation or recovery would impair any contract or ap^reement between them previously made. Sec. 6, Act of April 3, 1804, P. L. 517. 886. GOODS ON PREMISES MAY BE DISTRAINED FOR NON-PAYMENT. The goods and chattels of any person occupy- ing any real estate, shall be liable to distress and sale, for the non- payment of any taxes assessed upon such real estate, during his possession or occupancy and remaining unpaid in like manner, as if they were the goods and chattels of the owner of such real estate, Sec. 46, Act of April IS, 1834, P. L. 509. 887. TAXES ON PERSONAL PROPERTY MAY BE COL- LECTED BY DISTRESS OR OTHERWISE AS OTHER TAXES. The tax upon personal property imposed by the first section of this act, (section 679 above,) shall be collected, by distraint or othei-wise, as other taxes for county purposes, or, in cities coex- tensive with counties, for city and county purposes, are collected, under the laws of this Commonwealth: Provided, however, That no tax, by said first section imposed, shall be collectible or collected for the year one thousand nine hundred and thirteen; it being in- tended that the tax upon such personal property for said year shall be collected by and for the State under existing legislation. Sec. 16, Act of June 17, 1913, P. L. 507, No. 335. COLLECTORS NOT TO SUE FOR RECOVERY OF ANY TAX. PROCESS NOT TO ISSUE. It shall not be lawful for any collector to institute a suit, for the recovery of any tax in any 383 court of this State, or before any alderman or justice of the peace of this State, and no such court, alderman or justice, shall issue process for such purpose. Sec. 50, Act of April IS, 1834, P. L. S09. 889. COLLECTOR, OR HIS EXECUTORS OR ADMINIS- TRATORS MAY SUE AFTER EXPIRATION OF HIS WAR- RANT. The provisions of the fiftieth section of an act of the gen- eral assembly of this commonwealth, entitled "An Act relating to county rates and levies, and township rates and levies," passed April fifteenth, one thousand eight hundred and thirty-four, (preceding section), shall not be so construed as to prohibit a collector of taxes from instituting suit or suits for the recovery of taxes due and un- j.aid, at any time after the expiration of his warrant ; but in all cases where taxes are due and unpaid to any collector, after the expiration of his warrant, when such collector has not been legally exonerated therefrom, every such collector, or person, his executors, adminis- trators, or any of them, is hereby declared to have full right and power to sue for and recover the same, with interest thereon, after the expiration of his warrant as aforesaid, from all and every person and persons, bodies politic and corporate, owing the same, as other debts of like amount are now by law recoverable. Sec. 3, Act of April 11, 1848, P. L. 517. 5. Payment Over and Settlement of Accounts by Collectors. (NOTE: In this connection see also the Act of June 8, 1891, P. L. 212, No. 185, Sec. 914 below.) 890. COLLECTOR TO PAY ALL MONEY RECEIVED OVER TO COUNTY TREASURER WITHIN A CERTAIN TIME. Every collector shall within six weeks from the date of his warrant, pay all such moneys as he may by that time have received to the treasurer of the proper county [or township, as the case may be,] at a certain time and place to be mentioned in such warrant. Sec. 47, Act of April IS, 1834, P. L. 509. Repealed except in so far as it relates to taxation for poor and county purposes by the Act of July 14, 1917, P. L. 961. 891. TO MAKE FINAL SETTLEMENTS WITHIN THREE MONTHS. PENALTY. Every collector shall within three months after receiving the corrected duplicate, pay into the hands of the treasurer of the proper county [or township, as the case may be,] the whole amount of the taxes charged and assessed in such duplicate, excepting such sums as the commissioners [or supervisors 384 and overseers, as the case may be,J in their discretion, may exonerate him from, on pain of being answerable for, and charged with the whole balance so remaining unpaid. Sec. 49, Act of April 15, 1834, P. L. 509. This section was repealed except in so far as it relates to taxation for poor or county purposes by the Act of July 14, 1917, P. L. 961. 892. TO MAKE RETURNS ON OATH. TREASURER TO ADMINISTER OATH. TO BE FILED WITH COMMIS- SIONERS. All collectors of [state and] county taxes shall, upon the settlement of their accounts of taxes collected, make an oath or affirmation, that they have made a true and just return of all moneys by them collected for [state or] county taxes ; and the several county treasurers are hereby authorized and required, to administer such oath or affirmation, which shall be filed in the commissioners' office of the proper county. Sec. 19, Act of April 22, 1846, P. L. 486. 893. COLLECTORS IN BOROUGHS AND TOWNSHIPS TO COLLECT TAXES. PAY SAME OVER TO TREASURER AT CERTAIN TIMES. COMMISSION FOR COLLECTION. FINAL SETTLEMENT. The collector of taxes shall collect the taxes charged in said duplicates, and pay over the same to the re- spective treasurers or authorities entitled thereto, after deducting his commission for the. collection thereof. Such commission shall bfe fixed by the authorities of the respective boroughs or townships, and shall not exceed five per centum of the amount collected. All taxes collected within the ninety days, as provided in this act, shall be paid over, as aforesaid, within fifteen days after the expiration of said ninety days ; and all taxes thereafter collected during his term cf office shall be paid over, as aforesaid, at regular intervals of one month ; and a complete settlement of all taxes collected shall be made by the collector of taxes> with the respective treasurers or authori- ties entitled thereto, not later than three months after the expiration of his term of office. Sec. 1, Act of May 21, 1913, P. L. 284, amending Sec. 9, Act of June 25, 1885, P. L. 187, as amended. This section has been repealed as to township taxes by the Act of July 14, 1917, P. L. 992. Sec. 13 of the Act of 1885 saves all local laws from repeal. For discussion of compensation provision, see Sec. 856 above. 894. SETTLEMENT OF ACCOUNTS IN BOROUGHS AND TOWNSHIPS. [The accounts of collectors of taxes shall be set-^ tied by township or borough auditors of the proper township or bor- 385 cugh, and he shall state a separate account for each different tax collected by him;] but collectors of county and State taxes shall settle with the county commissioners as heretofore. Sec. 11, Act of June 25, 1885, P. L. 187. Repealed as to township taxes by the Act of July 14, 1917, P. L. 967. Sec. 13 of the Act of 1885 saves all local laws from repeal. 895. TO MAKE MONTHLY RETURNS IN BOROUGHS AND TOWNSHIPS. PAY OVER MONEYS COLLECTED LESS COMMISSIONS. The tax collectors of the several boroughs and townships of this Commonwealth, elected pursuant to the pro- visions of an act of Assembly, entitled "An Act to authorize the election of tax collectors for the term of three years in the several boroughs and townships of this Commonwealth," approved the sixth day of June, Anno Domini one thousand eight hundred and ninety three, (section 835 above), and all other tax collectors of State, county, township, road, school and borough taxes, elected or ap- pointed by or under existing law, shall hereafter make monthly re- turns in writing to the several persons to whom the tax collected by said tax collector is by law required to be paid, showing the amounts collected by them during the preceding month, and the amount of uncollected taxes upon their respective duplicates, or exhibit l^e duplicate showing the said uncollected taxes, at the close of each month during their respective terms of oflfice, and shall pay over to the said persons to whom by law the said taxes are made payable, the amounts so collected by such tax collectors, monthly, less the com- mission of fees to which they are by law entitled for the collection of the same: [Provided, That in the case of collectors of borough taxes, they shall also be required to file with the councils of their re- spective boroughs, duplicate returns for the taxes collected monthly by them as aforesaid, and duplicate receipts from the respective borough treasurers for the amount so paid over to them.] Sec. 1, Act of July 9, 1897, P. L. 242. 896. PENALTY FOR NON-COMPLIANCE. Any tax collector failing to comply with the requirements of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars. Sec. 2, Act of July 9, 1897, P. L. 242. 897. POWERS AND DUTIES OF COLLECTORS REVIVED AND EXTENDED IN CERTAIN CASES. RESTRICTIONS. In all cases in which the period of two years, the limitation of the warrants of the duplicates of the county, State, dog, poor, road, city, 25 township, ward, school, and borough tax collectors, have expired, and in case where the power and authority of said tax collectors have ex- pired, or shall expire during the year one thousand nine hundred and nineteen, by virtue of the expiration of their terms of office, and said tax collectors or collectors have or shall become personally liable for the taxes contained in said duplicates and warrants, or any part thereof, by reason of the personal payment or otherwise by the said tax collector or collectors of the said taxes, or any part thereof, without having recovered or collected the same from the person or persons against whom they have been levied and assessed, or with- out having recovered or collected the same from the person or per- sons owning the property against which the said taxes have been levied and assessed, the said duplicates and warrants and the powers and authority of the said tax collectors, in all such cases, are hereby revived and extended for another period of two years after the pas- sage of this act, and the said tax collector or collectors, their executors or administrators if they are deceased, or either surety or sureties if the said surety or sureties have paid the said taxes, are hereby empowered to proceed and collect said taxes from all such persons who have not' paid them, residing in said district within which said taxes are assessed, as well as from all persons who may remove or have removed from said city, ward, township, or town- ships, or boroughs, and have neglected to pay the taxes as aforesaid assessed, with the like effect as if said warrant or warrants had not expired by the limitation of the two years as aforesaid, or the term of office of said tax collector had not expired: Provided, That the provisions of this act shall not apply to warrants issued prior to the year one thousand eight hundred ninety-four, and that nothing in this act shall release any bondsman or security: Provided, That this act shall not apply to cities having special laws on this subject: Provided also. That no collector or the sureties thereof who take ad- vantage of this act shall be permitted to plead the statute of limita- tions in any action brought to recover the amount of any duplicate or warrant so extended or renewed: Provided further. That no statute of limitations shall prevent the collection of any tax for whiqh the warrants and powers and authorities of the said tax col- lectors have been so, as aforesaid, extended, renewed, and revived. Sec. 1, Act of June 4, 1919, P. L. 381. 6. Abatements and Exonerations. 898. PROCEDURE FOR ALLOWANCES FOR ABATE- MENTS AND EXONERATIONS. The commissioners of the proper county, [and the supervisors and overseers of the poor of the proper townships, as the case may be,] shall at all times make abate- 387 ment or exonerations for mistakes, indigent persons, unseated lands, &c., as to them shall appear just and reasonable, and the commis- sioners shall direct their clerk to enter in a book or books, to be kept for that purpose the names of all persons abated or exonerated, to- gether with the reason why, the amount and date, when made, and give to the collector a certificate directed to the county treasurer, stating the nature of the tax, and the amount exonerated, in order to make settlement accordingly, [and the same course shall be pursued by the supervisors and overseers of the poor, with respect to exonera- tions of township rates and levies.] Sec. 48, Act of April 15, 1834, P. L. 509. This section has been repealed except in so far as it applies to taxa- tion for poor and county purposes by the Act of July 14, 1917, P. L. 961. 899. EXONERATIONS MAY BE MADE IN BOROUGHS AND TOWNSHIPS. Exonerations may be made by the- authori- ties and in the same manner as heretofore. Sec. 10, Act of June 25, 1885, P. L. 187. Sec. 13 of this act saves all local laws from repeal. 900. RETURN OF EXONERATIONS TO BE MADE AT A STATED TIME. NOT TO BE GRANTED THEREAFTER. It shall be the duty [of supervisors and collectors of road taxes, and] of all collectors of any other taxes whatever, to make return to the county commissioners of any exonerations claimed by them, on or before the first day of January in each year ;, and it shall not be law- ful for the said county commissioners to grant any exonerations after that time, nor for the county treasurer to sell any lands which shall have been returned and taxes exonerated, after the said time. Sec. 3, Act of April 21, 1856, P. L. 477. Time for returns changed from January to February by Act of February 23, 1858, P. L. 45 (following section). 901. TIME FOR RETURN OF EXONERATIONS EX- TENDED. The returns for the collection of taxes on unseated lands, and for. exonerations required to be made in pursuance of the several provisions of an act of assembly, approved the twenty-first day of April, one thousand eight hundred and fifty-six, entitled "An Act relative to the sale of lands for the non-payment of taxes," (pre- ceding section,) shall be good and valid if made on or before the first day of February in each and every year, instead of the first day of January, as required by that act: Provided, however. That the re- turns for the years eighteen hundred and fifty-six and eighteen hun- dred and fifty-seven, shall be good and valid if made within thirty days after the passage of this act. Sec. 1, Act of February 23, 1858, P. L. 45. 388 7. Recovery of Amounts Due from Collectors, Sheriffs and Coroners. 902. COMMISSIONERS TO FILE CERTIFICATE OF AMOUNT DUE FROM COLLECTORS IN OFFICE OF PROTHONOTARY. PROTHONOTARY TO ENTER ON DOCKET. EFFECT OF A JUDGMENT. EXECUTION MAY ISSUE. It shall be the duty of the commissioners, within three months from the delivery of the duplicate to the collector, appointed in pursuance of the provisions of this act, to file a certificate under their hands and seal, in the office .of the prothonotary of the Court of Common Pleas of the county, stating the amount due and unpaid by such collector; and it shall be the duty of the prothonotary to enter the same on his docket, vi^hich certificate shall, from such entry, have the same operation and effect as a judgment of said court, and executions may be issued in like manner as on judgments for the amount remaining unpaid at any time after the entry afore- said. Sec. 3, Act of February 28, 183S, P. L. 45. The provisions of this section providing for the filing of a certificate on which execution shall be issued seems to be still in force; see Comm. V. Stambaugh, 164 Pa. 437, 447. This section does not apply to Philadelphia. See following section. 903. PRECEDING SECTION NOT TO EXTEND TO PHILA- DELPHIA. The provisions of this act, so far as they relate to as- sessments and collections of taxes and sureties therefore, shall not ex- tend to the city and county of Philadelphia, but the same shall be regulated therein as if this act had not passed. Sec. 10, Act of February 28, 1835, P. L. 45. 904. COUNTY TREASURER TO ISSUE WARRANT AGAINST DELINQUENT COLLECTORS. No person shall be reappointed a collector, who has not finally settled and paid off the whole amount of the balance due on former- duplicates, or given security for the payment thereof, and if any person who has hereto- fore been or hereafter shall be a collector of taxes, and shall have neglected or refused or shall neglect or refuse to pay the treasurer of the respective county within the time limited by law, all the sums of money which shall be due on his duplicate, excepting such sum as may be allowed by the commissioners for unavoidable losses, or for services for collecting, as is herein after mentioned, the treas- urer is hereby authorized and required to issue his warrant, under his hand and seal, directed to the Sheriff or Coroner of the proper county, commanding him to take the body, and seize and secure all the estate, real and personal, of such delinquent collector, or which. 389 in case of the death of the collector, may come into the hands or possession of his heirs, executors or administrators, and make re- turn thereof to such treasurer, at such time and place as he shall appoint in his said warrant. ' , Sec. 18, Act of April 11, 1799, 3 Sm. L. 392. 905. COUNTY COMMISSIONERS TO ISSUE WARRANT FOR SALE OF SEIZED PROPERTY OF DELINQUENT COL- LECTOR. When the said lands and estates are secured as afore- said, the treasurer of the proper county shall call a meeting of the board of commissioners, who are hereby required to attend, of which meeting he shall, in his said warrant, have notified the said delin- quent collector; and if the arrearages are not then immediately dis- charged, the commissioners shall, and they are hereby empowered and required, to issue their warrant to the Sheriff or CorOner of the proper county, empowering and requiring him to sell, at public sale, all such estates, as shall be so seized and secured, or any part thereof, giving ten days previous notice of such sale, by written or printed advertisements, and to bring the money arising from such sale to the commissioners who granted the warrant, at the time and place men- tioned therein, in otder to satisfy and pay the respective county treas- urer the sum or balance that shall be so unpaid, or detained in the hands of the said collectors, or their heirs, executors or administra- tors, returning the overplus, if any, to the owner, after all neces- sary charges are deducted. Sec. 19, Act of April 11, 1799, 3 Sm. L. 392. 906. SHERIFF TO EXECUTE DEED OF CONVEYANCE. MAY ISSUE PROCESS TO ANOTHER COUNTY. When any sale of lands, tenements or hereditaments shall be made by such Sheriff or Coroner, pursuant to this acjt, the conveyance thereof shall be by deed, executed and acknowledged in the Court of Common Pleas of the proper county, by the Sheriff or Coroner, or their suc- cessors in office, to such person or persons as shall purchase the same, in fee-simple or otherwise, which shall be most absolute and available in law against the said delinquents, their heirs and assigns ; and if any delinquent collector has removed or shall remove into any other county within this state, or shall have any estate, real or per- sonal, in such other county or counties, and which shall not have been bona fide, and for a valuable consideration, disposed of, any process to be issued in pursuance of this act, may be directed to the Sheriff or Qoroner of any such other county or counties, and shall be proceeded on as in and by^ this act is directed in the case before mentioned. Sec 20, Act of April 11, 1799, 3 Sm. L. 392. 390 907. PROCEEDINGS AGAINST SHERIFF OR CORONER FOR FAILURE TO PAY OVER MONEYS RECEIVED FOR TAXES. If any Sheriff or Coroner, who has heretofore received, or hereafter shall receive, any money or monies for taxes, by virtue of their respective offices, and the laws in such cases provided, shall neglect or refuse, within twenty days after demand made by the treasurer of the proper county, to render a just and true account thereof, or to pay the same to such treasurer, a warrant or warrants shall be issued by the commissioners against such delinquent Sheriff or Coroner, in like manner, and such proceedings shall thereon be had to be final judgment, execution and sale, as are in and by this act directed respecting delinquent collectors, with this difference only, that if such delinquent officer, at the time or times of the com- mencement of such proceedings against him or them, continued to be in office, the warrant or warrants to be issued against him or them, in pursuance hereof, shall be directed to the other officer, either Sheriff or Coroner, of the proper county, as the case may be, who shall proceed thereon in like manner, as any Sheriff or Coroner may cr can do under this act in like cases; and the property, real and personal, of such Sheriff or Coroner shall in such cases be as liable to be seized in such other county or counties, and the like proceedings had on the same, as on the property of delinquent collectors is di- rected by the nineteenth section of this act. (Section 90S above.) Sec. 21, Act of April 11, 1799, 3 Sm. L. 392. 8. Penalties. 908. PENALTY ON COLLECTOR FOR FAILURE TO PER- FORM DUTIES. COLLECTION. SURETIES TO REMAIN LIABLE. If any collector who shall have taken upon himself the duties of his office, shall fail to perform such duties, he shall forfeit a sum not exceeding forty dollars, to be recovered by the county [or township, as the case may be] as debts of a like amount are re- coverable : Provided, That the sureties of a collector, shall notwith- standing such proceedings against him, remain liable according to the condition of their bond. Sec. 41, Act of April IS, 1834, P. L. S09. 909. COMMISSIONERS, COLLECTORS, ETC., NOT TO RE- CEIVE PAYMENT OF OR GIVE RECEIPT FOR TAXES NOT ASSESSED, OR FROM WHICH A PARTY HAS BEEN EX- ONERATED EXCEPT HE APPEAR IN PERSON. NOT TO ADD NAMES TO DUPLICATES. PENALTY. VACANCY. It shall not be lawful for any county treasurer, county commits- 391 sioner or commissioners, or any collector of taxes in any township, ward, or district, nor for any other person on his or their behalf, to receive payment, or give any receipt for the payment of any taxes that have not been duly assessed, and returns of said assessment, made according to law, nor shall any such treasurer, commissioner, or commissioners, or collector, or other person, on his or their be- half, receive payment or give any receipt for the payment of any taxes, from the payment of which the party assessed has been ex- onerated according to law, unless the party so exonerated shall him- self appear in his own proper person, and tender payment of the taxes from which he had been so exonerated ; and it shall not be law- ful for any commissioner or commissioners of any county, or for any other person on his or their behalf, to add, any name or names to the duplicate return or list of taxables, made or furnished by the assessor or assistant assessors of any township, ward, or district, and if any such treasurer, commissioner, commissioners, or collector, or other person on his or their behalf, shall violate any of the provisions of this section, he shall upon conviction thereof, before any court having competent jurisdiction, pay a fine of one hundred dollars for the use of the Commonwealth, and shall moreover be forthwith removed from office, and the vacancy thereby occasioned in either of said offices, shall be filled or supplied as in other cases of vacancies in such office. Part of Sec. 8, Act of May 27, 1841, P. L. 400. 910. MISAPPROPRIATION OR FAILURE TO TURN OVER MONEYS COLLECTED TO BE EMBEZZLEMENT. PEN- ALTY. If any person charged with the collection, safe keeeping, or transfer of any [State,] county, [township, school, city, borough, or municipal] taxes, under any law or laws of this Commonwealth, shall convert or appropriate the moneys so collected, or any part thereof, to his own use in any way whatever, or shall use by way of investment in any kind of property or merchandise any portion of the money so collected by him from such tax or taxes, and shall prove a defaulter or fail to pay over the same or any part thereof at the time or times, place or places, required by law and to the person or persons legally authorized to demand and receive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be. thus taken, converted, appro- priated, embezzled, invested, used, or unaccounted for, which is hereby declared a misdemeanor; and every such tax collector and every person or persons whomsoever aiding or abetting, or being in any way accessory to such act, and, being thereof convicted, shall 392 be sentenced to an imprisonment not exceeding five years, or to pay a fine not exceeding five thousand dollars, or both at the discretion of the court. Sec 1, Act of June 3, 1885, P. L. 72, No. 45. 9. Collection by County Treasurer. 911. COMMISSIONERS MAY ON PETITION CHANGE DATE WHEN REDUCTIONS SHALL CEASE, AND PRO- VISIONS OF ACT GO INTO EFFECT. From and after the pas- sage of this act, the county commissioners, in all counties where the county treasurer collects taxes, shall, on petition of at least five hundred taxable inhabitants of said county, have power and au- thority to change the date or dates at which a reduction for prompt payment shall cease, and the various provisions of the act under which the county treasurer collects the taxes shall go into effect. Sec. 1, Act of June 30, 1885, P. L. 204. 912. COMMISSIONERS TO FIX CHANGES AND NOTIFY TREASURER THEREOF BEFORE A CERTAIN DATE EACH YEAR. That the county commissioners shall fix and determine, and give due notice thereof to the county treasurer of the various dates fixed, on or before July first of each year in which a change is made, and such decision and notice shall remain in force from year to year, until it shall again be changed as is hereinbefore provided for in this act. Sec. 2, Act of June 30, 1885, P. L. 204. 913. COUNTY TREASURERS AUTHORIZED TO COL- LECT DELINQUENT TAXES IN CERTAIN CASES. NO COMPENSATION. In any of the several counties of the com- monwealth, wherein, by existing laws, the county treasurer is au- thorized and required to collect state and county taxes during a certain period, after which all unpaid or delinquent taxes are col- lected by collectors appointed under existing laws, it shall be the duty of the county treasurer, on and after the first day of October in each year, in any election district, where such collector of unpaid or delinquent taxes may not have been appointed, to receive such unpaid or delinquent taxes, until a collector be appointed and quali- fied as provided for under existing laws: Provided, That no per- centage shall be charged and allowed the treasurer for collecting such taxes. Sec. 1, Act of May 24, 1881, P. L. 31, No. 35. 393 914. TAXES TO BE CREDITED TO COUNTY TREAS- URER IF PREVIOUSLY CHARGED, AND CHARGED TO COLLECTOR. TO GIVE BOND WITH SURETIES. TO BE ELECTED OR APPOINTED AS PROVIDED BY LAW. TO MAKE MONTHLY RETURNS TO COMMISSIONERS, AND PAY OVER TO COUNTY TREASURER. Hereafter when any State, county and poor taxes are placed in the hands of a collector for collection in accordance with any existing law of this Common- wealth, the amount of the same shall be credited to the treasurer of the county, if previously charged to said treasurer, and charged to the collector; and such collectors shall give bond to the county, with sureties to be approved by the commissioners of the county, in such amount as said commissioners may designate. Said collectors shall be appointed or elected in the manner now provided by law in each county, and shall make monthly returns to the commissioners of the county of the amounts collected, and at the same time pay to the treasurer of the county the amounts shown by such returns to have been collected. Sec. 1, Act of June 8, 1891, P. L. 212, No. 185. 915. COUNTY TREASURERS MAY CHARGE AND DE- DUCT COMMISSIONS FOR SCHOOL, ROAD AND OTHER MUNICIPAL TAXES. NOT TO EXCEED FIVE PER CENTUM. From and after the passage of this act, it shall be law- ful for the several county treasurers in this Commonwealth, here- after elected or appointed, to charge and deduct from school, road and all other municipal taxes, collected and paid over to the proper authorities by them, the same rate per centum as compensation as hereafter may be legally allowed them for the collection and dis- bursement of county taxes: Provided, That such rate shall in no case exceed five per centum of the whole amount so collected and paid over. Sec. 1, Act of May 23, 1887. P. L. 178, No. 115. 916. COUNTY AUDITORS TO AUDIT ACCOUNTS. That the accounts of county treasurers for taxes mentioned in the first section of this act, collected by them, shall be audited and settled by the county auditors at the same time and in the same manner as is now provided by law for the audit and settlement of county taxes collected by county treasurers. Sec. 2, Act of May 23, 1887, P. L. 178, No. 115. 394 10. Taxes on Unseated Lands. 917. HOLDERS OF UNSEATED LANDS TO FILE STATE- MENT. PENALTY FOR NEGLECT. It shall be the duty of every holder of unseated lands within this commonwealth, who has not complied with the injunctions required by the second section of the act to which this is a supplement, to furnish to the commis- sioners of the proper county, on or before the fourth Monday of N ovember next, a statement signed by such holder or his, her or their agent, containing a description of each and every tract so held, the name of the person or persons to whom the original title from the commonwealth passed, and the nature, number and date of such original title; and it shall be the duty of every person hereafter be- coming a holder of unseated lands by gift, grant or other conveyance, to furnish a like statement, together with the date of the conveyance to such holder, and the name of the grantor, within one year, from and after such conveyance ; and on failure of any holder of unseated lands to comply with the injunctions of this act, it shall be the duty of the county commissioners to assess on every tract of land, respect- ing which such default shall be made when discovered, four times the amount of the tax to which such tract or tracts of land would have been otherwise liable, and to enforce the collection thereof, in the same manner that taxes due on unseated lands are or may be as- sessed and collected : Provided, That nothing in this act nor in the act to which this is a supplement, shall be construed as giving greater validity to unexecuted land warrants, than they are now entitled to, nor to the detriment of persons under legal disabilities: Provided, such person or persons comply with the foregoing requisitions within the time or times limited respectively, after such disability shall be removed. Sec. 1, Act of March 28, 1806, P. L. 644. 918. COUNTY SURVEYORS TO MAKE RETURN OF UN- SEATED LANDS WHEN DIRECTED. COMPENSATION. PENALTY. COUNTY COMMISSIONERS ENTER RETURNS IN SUITABLE BOOKS. In order to furnish the commissioners of the several counties within this commonwealth with information necessary for levying and collecting the several taxes which by law they are or may be directed and required to levy and collect, it shall be the duty of the deputy-surveyors of the several counties afore- said, at any time, upon the application of the said commissioners, to make out (on oath or affirmation) a correct return to them of all the lands surveyed within their respective counties, whereof as deputy-surveyors they may have drafts, maps or plates, made by themselves or their predecessor in office, and of all the warrants or 395 orders of survey to them directed, and not yet executed, or of such of them as the said commissioners may require, which returns shall include a list of the number of acres contained in each survey or warrant, and of the names and surnames of the original warrantees, , the waters on which the same is situate, the land contiguous thereto, and the township, if known, wherein the same may lie ; for which re- turn the said deputy-surveyors shall receive from the county treas- urer, on the order of the commissioners, four cents for each warrant or survey thus returned to the said commissioners ; and every deputy- surveyor, who, when required, shall refuse or neglect to make such return, shall forfeit and pay for every such neglect or refusal one hundred dollars, to be recovered as other debts of equal amount are or may be by law recoverable; and the said county commissioners are hereby enjoined and required to provide and keep a suitable book or books, in which they shall cause to be entered the number of acres surveyed, the name of the original owner and boundaries, so far as it shall be known to them, of each tract mentioned in every such return which they have already received or may hereafter receive from any of the deputy-surveyors aforesaid. Sec. 1, Act of April 3, 1804, P. L. 517. The duties of the deputy surveyor are now performed by the county surveyor. See Sec. 5, Act of April 9, 1850, P. L. 434, Sec. 44 above. 919. TAXES ON UNSEATED LANDS TO BE PAID WITH- IN THE YEAR SAME WERE LEVIED. INTEREST ON PAY- MENTS THEREAFTER. After June first. Anno Domini one thou- sand eight hundred and eighty-eight, all taxes levied upon unseated' lands, within the counties of this Commonwealth, shall be paid by the owner or owners of such ^unseated lands within the year for which the same are levied ; and in case of the refusal or failure of any person or persons, companies or bodies corporate, owner or owners of such unseated lands to pay the taxes so levied within the year for which the same are levied and collectible, then interest at the rate of six per centum, per annum, is to be charged upon the amount of said taxes, or any part thereof, remaining due and unpaid from and after the first day of the year following that for which said taxes were levied until the same has been paid in full, or the land sold as now provided by law for the sale of unseated lands: Provided, No in- terest shall be charged upon taxes levied for the years one thousand eight hundred and eighty-six and one thousand eight hundred and eighty-seven. All acts and parts of acts inconsistent herewith are hereby repealed. §ec, 1, Act of June 6, 1887, P. L. 363, No. 34§, 396 920. TAXES MAY BE PAID IN ADVANCE. Any board of commissioners may direct the treasurer of. the proper county to re- receive in advance, for any term not exceeding six years, a sum which in their estimation shall be equal to the taxes that ought to be imposed on any such land or lands, during the period for which they shall so compound with the owner as aforesaid. Sec. 8, Act of March 13, 1815, P. L. 177. 921. JOINT OWNERS MAY PAY PROPORTIONATE PART OF TAXES. TREASURER MAY SELL RESIDUE OF SHARES OR INTERESTS. Any joint tenant in common or co- parcener of unseated lands in this commonwealth, shall have the right to pay his, her or their proportionate part of the amount of taxes due thereon at any time before the sale thereof by the county treasurer ; and it shall be the duty of said treasurer to receive and receipt for the same ; and he may sell the residue of the shares or interest in said lands on which the taxes remain unpaid, any law, usage, or custom heretofore to the contrary notwithstanding. Sec. 31, Act of April 25, 1850, P. L. 569. 922. RECEIPTS FOR TAXES ON UNSEATED LANDS MAY BE RECORDED. CERTIFIED COPIES TO BE EVIDENCE. All receipts for taxes on unseated lands, given by the proper of- ficers of any county of this cqmmonwealth, which shall have been duly acknowledged by said officers before any judge or justice of the peace of the proper county, may be recorded in the office for record- ing of deeds in the county where the lands lie, and the records thereof, or the duly certified copies of said records, shall be ewidence in all cases where the original receipts would be evidence. Sec. 1, Act of March 9, 1847, P. L. 279. 923. OFFICERS TO ACKNOWLEDGE RECEIPTS WHEN REQUESTED WITHIN A CERTAIN TIME. It shall be the duty of the proper officers aforesaid, of the counties aforesaid, to make the due acknowledgment in manner aforesaid, upon being re- quired so to do, at the cost of the parties applying therefor: Pro- vided, That such application shall be made within thirty days from the date of the receipts aforesaid. Sec. 2, Act of March 9, 1847, P. L. 279. 924. COUNTY TREASURER TO ENTER PAYMENTS IN A BOOK. TO ISSUE CERTIFIED COPY. FEE. In all cases where taxes upon unseated lands are paid to a county treasurer by the owners or claimants of said lands, it shall be the duty of such 397 treasurer to enter such payments upon the proper book kept by him for the purpose, and if requested by the person paying such taxes give a certified copy, under the official seal of said county treasurer, of the entries in such book, specifying the name of the person or per- sons as whose property such lands are taxed, the location of such lands, the number of the warrant, and the number of acres or other description thereof, the kind and amount of taxes assessed thereon and go paid, the date of payment of the same, and the nanie of the person or persons paying the said taxes and for whose use the same are paid: Provided, That the said treasurer shall be entitled to re- ceive therefor, from the person demanding the said receipt or certi- fied copy, the sum of twenty-five cents. Sec. 1, Act of April 30, 1879, P. L. 34. 925. COUNTY COMMISSIONERS TO FURNISH NECES- SARY BOOKS AND SEAL. In order that county treasurers may be enable to carry out the provisions of this act, (preceding section), the county commissioners of the proper county are hereby required to procure and furnish for said treasurers the proper book or books, together with an official\seal of said office, for their respective coun- ties; such book or books, and seal, when necessary, shall be pro- cured on or before the first day of January one thousand eight hun- dred and eighty, and all payments of taxes as aforesaid after said date shall be entered therein. Sec. 2, Act of April 30, 1879, P. L. 34. 926. IN BOROUGHS AND TOWNSHIPS TAX ON UN- SEATED LANDS TO BE CERTIFIED AND RETURNED TO THE COUNTY COMMISSIONERS. Taxes charged upon un- seated lands shall not be collected by the collectors of taxes, but shall be certified and returned by the several authorities, levying the same to the county commissioners to be collected as heretofore. Sec. 12, Act of June 25, 1885, P. L. 187. Sec. 13 of this act saves local laws on the same subject from repeal. 11. Reports to the Secretary of Internal Affairs. 927. COUNTY COMMISSIONERS TO MAKE RETURN OF PROPERTY TAXABLE FOR COUNTY PURPOSES. EN- FORCEMENT BY MANDAMUS. The county commissioners of each county of the state, including the board of revision of the city of Philadelphia, shall, upon the first day of June, one thousand eight hundred and seventy-four, and upon the same day annually there- 398. after, make out in tabular form, by assessment districts, a full state- ment of all property taxable for county purposes, showing the real and personal in separate columns, the amount of tax assessed for county purposes, and also the debt of said county, the same to be en- closed by mail to the secretary of internal affairs, at Harrisburg; and in case of refusal or neglect to make such returns, the same may be enforced by mandamus. Sec. 1, Act of May IS, 1874, P. L. 193, No. 126. 928. COUNTY COMMISSIONERS TO COLLECT DATA AND PREPARE RETURN OF ALL TAXES LEVIED AND COLLECTED. It is hereby made the duty of the county commis- sioners of each county of this commonwealth, including the board of revision of the city of Philadelphia, at the expense of the State, to procure from the proper persons and officers of the wards, boroughs and townships of their respective counties, full and complete returns showing the entire amount of taxes levied and collected, or worked out, for the maintenance of State, county, city, ward, borough and township governments. It shall also be their duty to make a specific return on the following subjects : First. The total amount of taxes collected for the support of the poor. Second. The total amount of taxes collected for the construction and repairs of roads and bridges. Third. The amount of taxes collected in each year on personal property, on occupations and for licenses. Fourth. The amount of taxes collected on real estate of railroad corporations. Fifth. The amount of taxes collected on the real estate of cor- porations other than railroads. Sec.'l, Act of May 9, 1889, P. L. 157. 929. COUNTY COMMISSIONERS TO MAKE RETURNS TO SECRETARY OF INTERNAL AFFAIRS. FORM. ENFORCE- MENT BY MANDAMUS. Said commissioners shall cause such re- turns of taxes to be made out in tabular form, by assessment districts, on the first day of June ih each year, and such statements shall cover the entire collection of taxes for the year immediately preceding the said first' day of June, and shall be made out in accordance with forms for that purpose, which shall be prepared and furnished by the Secre- tary of Internal Affairs, and when so made out the same shall be forwarded to the Secretary of Internal Affairs, at Harrisburg, on or before the tenth day of June in each year. And in case the commis- sioners of any county shall refuse or neglect to make out such returns, the same may be enforced by mandamus. Sec. 2, Act of May 9, 1889, P. L. 157. 399 930. PENALTY FOR VIOLATION OP ACT, MISDE- MEANOR. Any persons or officers having posseission of informa- tion called for in this act, who shall refuse to supply the county com- missioners with the same, when demanded by them, shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine not exceeding two hundred dollars, to be collected as other debts of like amount are by law now collectible. Sec. 3, Act of May 9, 1889, P. L. 157. 931. COUNTY COMMISSIONERS AND COLLECTORS AND ASSESSORS OF TAXES TO FURNISH ADDITIONAL INFORMATION. In addition to the statistics and information re- cuired by existing laws to be furnished to the Secretary of Internal Affairs by county commissioners, relating to the collection and as- sessment of taxes for local purposes, the county commissioners of the several counties and all collectors and assessors of taxes for local purposes shall hereafter furnish to the said Secretary of Internal Af- fairs, or his representatives, any and all other statistics and informa- tion relating to the collection and assessing of said taxes as may be demanded by him; the same to be furnished by such means and in such forms as he may prescribe. Sec. 1, Act of May 23, 1919, P. L. 239. (g) Tax Sales. 1. Authorization of, and Procedure on. Sale of Unseated Lands. 932. SALES OF UNSEATED LANDS AUTHORIZED IN CERTAIN CASES. PENALTY ON TREASURER FOR FAIL- URE TO PUBLISH NOTICE. The treasurers of the several coun- ties in this commonwealth, shall be, and they are hereby respectively authorized and directed, to commence on the second Monday in June, in the year one thousand eight hundred and sixteen, and at the ex- piration of every two years thereafter, and adjourn from day to day if it shall be found necessary so to do, and make public sale of the whole or any part of such tracts of unseated lands, situate in the proper county, as will pay the arrearages of the taxes, any part of which shall then have remained due and unpaid for the space of one year before, together with all costs necessarily accruing by reason of such delinquency, and to make and execute a deed or deeds, in fee simple, in the manner directed by the act to which this is a further supplement; (section 934 below,) and it shall be the duty of [the said county treasurer, to give at least sixty days notice of the time and place of such sales, the township or townships in which the said tracts 400 of land are respectively situated, the number of acres contained in each tract, and the names of the warrantees or owners thereof, apd the sums due upon each tract for taxes, at least four times in one daily newspaper in the city of Philadelphia,] and in one other news- paper in or nearest to the county where such lands lie, under the penalty of fifty dollars, in each and every case, to be recovered by the owner or owners of the land sold as aforesaid, as debts of like amount are by law recoverable, but the neglect of such treasurer to cause the said publications to be made, shall not, in any case, invalidate any sale made in pursuance of the provisions of this act. Sec. 1, Act of March 13, 1815, P. L. 177. The part of this section enclosed in brackets was repealed by Sec. 1, Act of March 9, 1847, P. L. 278. For the present provisions as to the publication of these notices, see following section. 933. PUBLICATION OF NOTICES OF SALES. CONTENTS OF NOTICE. COPIES TO BE SENT TO SECRETARY OF AGRICULTURE AND COMMISSIONER OF FORESTRY. From and after the first day of January, Anno Domini one thousand eight hundred and ninety-eight, whenever any unseated lands within this Commonwealth shall, under existing laws, become liable to sale by the respective county treasurers or the county commissioners for non-payment of taxes, it shall be the duty of such treasurers and com- missioners to publish a notice once a week for six successive weeks in at least two newspapers of general circulation within the county in which the lands lie, and if two newspapers be not published in said county, then in one newspaper in or nearest to the same, which notice shall contain the names of the owners when known, the warrant num- bers, names of warrantees when known, the number of acres con- tained in each tract, the township in which the same is located, and the sums due upon each tract for taxes ; and further to mail to the Secretary of Agriculture and the Commissioner of Forestry each, ten copies of such printed advertisement immediately upon the publi- cation thereof. Sec. 1, Act of March 30, 1897, P. L. 11. The title of this act seems defective in that it makes no mention of the above matter, which also is scarcely germane to the subject of the act, namely, the purchase of unseated land sold for taxes for State forest reservations. For other sections of the act see Sees. 946, 947 and 948 below. 934. MAKING AND ACKNOWLEDGMENT OF TAX DEEDS. BOND FOR SURPLUS MONEY. [That all unseated lands within this commonwealth, held by individuals, companies or bodies corporate, either by improvement, warrant, patent or other- wise, shall, for the purpose of raising county rates and levies, be valued and assessed in the same manner as other property; but the 401 collection of taxes already laid, or that may hereafter be laid or as- sessed, on unseated lands, shall not be enforced by sale of such lands, until after the expiration of twelve months from and after the same shall have been assessed, and until notice be given by the commis- sioners of the proper county, for four weeks, in three of the daily newspapers of the city of Philadelphia, and in one other newspaper in or nearest to the county where such lands lie, that one or more than one years tax is due upon the unseated lands within such county; and if any tax now due or that may hereafter become due as afore- said, together with the costs necessarily accrued thereon, shall for the space of three months after such notice shall have been given, re- main unpaid, then, in every such case, the said county commissioners shall issue their warrant, under their hands and seal of office, directed to the sheriff or coroner of the proper county, commanding him after having given within his proper county, at^ least thirty days notice in one newspaper printed in such county; or if there be no newspaper printed in the county, then one printed nearest thereto, and by writ- ten or printed advertisements set up in at least three public places, one of which shall be at the courthouse in said county, stating that the sale of unseated lands for arrearages of taxes will commence on a certain day, to make public sale of the whole or any part of such tracts of unseated lands as he may find necessary for the payment of the taxes due thereon, respectively, and of all costs necessarily accrued thereon, by reason of such delinquency,] and to make and execute a deed or deeds, in fee simple, to the purchaser or purchasers of any unseated land so sold, and the same in open court of common pleas of the proper county, duly to acknowledge ; it shall also be the duty of said sherifif or coroner, to take from such purchaser or pur- chasers, bonds in his own name, with warrants of attorney annexed for any surplus money that may remain after satisfying and paying the taxes and costs aforesaid, and the same bonds forthwith to file in the office of the prothonotary of the proper county, together with at least one attested copy of the advertisements, which shall so as afore- said by him have been set up. Sec. 2, Act of April 3, 1804, P. L. S17. The first part of this section enclosed in brackets has been supplied by later legislation and is no longer in force. The powers and duties of the sheriff herein were transferred to the treasurer by Sec. 1, Act of April 4, 1809, P. L. 192, following section. 935. CERTAIN POWERS AND DUTIES OF SHERIFFS TRANSFERRED TO TREASURERS. That from and after the first day of September next, the several powers vested in and duties enjoined on the respective sheriffs, by the act to which this is a sup- plement, (preceding section,) shall be transferred to and performed 26 402 by the county treasurers respectively, under the same obligations and restrictions to which the said sherilifs are by law subjected, and the sales to be by them made in consequence of the transfer aforesaid, shall be as valid in law as sales made by the sheriffs aforesaid, and so much of any law as is hereby altered or supplied, be and the same is hereby repealed. Sec. 1, Act of April 4, 1809, P. L. 192. 936. PRIMA FACIE EVIDENCE OF ACKNOWLEDGMENT OF TAX DEEDS. In all cases of treasurers' deeds for lands sold by county treasurers for nonpayment of taxes, whether heretofore or hereafter made, the certificate of the prothonotary endorsed thereon, under the seal of the court, to the acknowledgment of such deed, or the record thereof when such deed shall have been recorded, shall be prima facie evidence of the fact of such acknowledgment: Pro- vided, however. That such prima facie evidence may be rebutted by showing that such deed was not acknowledged, when the records of the court do not contain any entry of the acknowledgment of such deed; And provided further. That this act shall not affect any ad- judicated case. Sec. 1, Act of May 11, 1911, P. L. 2S7. 937. EXECUTION AND ACKNOWLEDGMENT OF DEED WHEN TREASURER MAKING SALE IS DEAD. From and after the passing of this act when any treasurer, who shall have made sale of unseated lands as aforesaid, shall die or be removed from of- fice, before any deed or deeds are executed by him to the purchaser or purchasers, then, and in every such case, it shall be the duty of the treasurer for the time being, to perfect such title and execute a deed or deeds to the purchaser or purchasers, and they are hereby em- powered and required, upon the full discharge and payment of the money or price for which the said lands were sold, with such cost and charges as remain unpaid to the former treasurer, to make, execute and acknowledge any deed or deeds, and to perform and do all other matters and things that by the former treasurer might, could or ought to have been performed or done, which, when done, shall be held and adjudged as effectual in law as if the title had been completed by the former treasurer. Sec. 2, Act of March 13, 1815, P. L. 177. 938. UNSEATED LANDS ADVERTISED AND REMAIN- ING UNSOLD AT END OF TERM OR ON ABSCONDING OF TREASURER TO BE ADVERTISED AND SOLD BY SUC- CESSOR. Whenever any unseated lands shall have been duly ad- vertised for sale by the county treasurer, in any of the counties of this 403 commonwealth, under and by virtue of the directions of the act of March thirteenth, one thousand eight hundred and fifteen, and the several supplements thereto, at the regular biennial sales, and shall remain unsold at and after the expiration of the term of office of the treasurer who advertised the same for sale, and when the treasurer so advertising the same shall have absconded, it shall be the duty of the successor in office of such treasurer to advertise and sell the lands so remaining unsold, on the second Monday of June of the year in- tervening between the said regular sales. Sec. 1, Act of June 11, 1879, P. L. 151, No. 160. 939. SALE TO BE FOR SAME TAXES AS ON PREVIOUS ADVERTISEMENT. Said sale shall be for the same taxes (and none other) for which the said lands had been advertised to be sold at the said last preceding regular sale. Sec. 2, Act of June 11, 1879, P. L. 151, No. 160. 940. MANNER OF SALE, ETC. RIGHT OF REDEMPTION. The advertisement and sale herein directed, shall be made in the same manner required and subject to the provisions of (sections 932 and 933 above,) said act of March thirteenth, one thousand eight hundred and fifteen, and its several supplements, except that the advertise- ment of sale shall be made in a newspaper published in the county, at least once a week for four successive weeks in the month of May; and the owners of said lands shall have the same right of redemption provided by the said act. Sec. 3, Act of June 11, 1879, P. L. 151, No. 160. 941. WHEN UNLAWFUL FOR TREASURER TO CHARGE FEE FOR ADVERTISING LAND FOR SALE. It shall not be lawful after the first day of January, Anno Domini one thousand eight hundred and fifty-seven, for the county treasurer of any county of this commonwealth to charge and receive any fee for advertising any land for sale for non-payment of taxes, when the owner or owners thereof shall pay said taxes on or before the first day of March previous to the day of sale for taxes, in the year in which such sale shall be ad- vertised. Sec. 4, Act of April 21, 1856, P. L. 477. 942. PAYMENT OF PURCHASE MONEY. FEE OF PRO- THONOTARY. ACTION OF DEBT FOR PURCHASE MONEY. It shall be the duty of the purchasers at treasurers' sales, as soon as any deed 'or deeds shall have been tendered, after the deeds are acknowledged in the court of common pleas of the proper county, by the treasurer who made the sale, or his successor, as the case may be, to pay to the treasurer the amount of the purchase money, or such 404 part thereof as shall be necessary to pay off the taxes and costs, and . also to pay, in addition, the sum of one dollar for the use of the pro- thonotary for entering the acknowledgment of the deed ; and in case the amount is not forthwith paid, it is hereby declared to be the duty of the treasurer to bring an action of debt, in the name of the proper county, for the same, in such courts as debts of equal amount are by law recoverable, and when judgment is obtained there shall be no stay of execution, nor shall it be competent for the defendant in such suit, to give, in evidence, any irregularity in the assessments or pro- ceedings of the commissioners or treasurer, touching any sale made in ]iiu"suance of this act. Sec. 3, Act of March 13, 1815, P. L. 177. 943. PAYMENT OF PURCHASE PRICE TO BE MADE IM- MEDIATELY UPON STRIKING DOWN OF PROPERTY. AVOIDANCE OF SALE. COMMISSIONERS MAY PUR- CHASE LAND FOR COUNTY. It shall be the duty of the pur- chaser or purchasers at treasurer's sale,' as soon as the property is struck down, to pay the amount of the purchase money, or such part thereof as shall be necessary to pay off the taxes and costs, as also one dollar for the use of the prothonotary for entering the acknowl- edgment of the deed ; and in case the amount is not forthwith paid, after the property is struck down, the sale may be avoided, and the property immediately set up again by the treasurer; and it shall be discretionary with the commissioners of the respective counties, what lands they will purchase in for the use of the county. Sec. 1, Act of March 13, 1817, P. L. 111. ' "This act gives the treasurer the discretion if the money is not forth- with paid when the tract is struck down, either to set up and sell again or bring his action before he acknowledges his deed." Donnel v. Bellas, 10 Pa. 341, 345. See also Sec. 880 below, making it mandatory upon the commissioners to purchase property when a sufficient sum is not bid to pay the taxes and costs. 944. TAX SALES VALID ALTHOUGH LAND WAS NOT TAXED AND SOLD IN NAME OF REAL OWNER. Sales of unseated lands for taxes that are now due, or that may hereafter be- come due thereon, made agreeably to the directions oif this act, shall be in law and equity vaUd and effectual, to all intents and purposes, to vest in the purchaser or purchasers of lands sold as aforesaid, all the estate and interest therein, that the real owner or owners thereof had at the time of such sale, although the land may not have been taxed or sold in the name of the real owner thereof. Sec. 5, Act of April 3, 1804, P. L. 517. This section was not repealed by the Act of June 13, 1815, P. L. 177. McCall V. Hinebaugh, 4 W. & S. 164, 167. 405 945. RULE OF CAVEAT EMPTOR TO APPLY. EXCEP- TIONS. In all public sales of land hereafter made by the treasurer or commissioners of the several counties of this commonwealth in pursuance of the laws of this commonwealth, the rule of caveat emptor shall apply, except in cases of double assessment, or where the taxes on which the sale is made shall have been previously paid, or where the lands do not lie within the county ; and neither said treas- urer nor commissioners shall \;be required to refund the purchase money, costs or taxes paid upon any tract or tracts of land so sold as aforesaid. Sec. 1, Act of April 21, 1856, P. L. 477. 946. PURCHASE OF LANDS BY COMMISSIONER OF FORESTRY. It shall be the duty of the Commissioner of Forestry to inquire into and examine tbe location and character of unseated lands advertised by the respective county treasurers and the county commissioners of this Commonwealth for sale for the non-payment of taxes, and if in his judgment the same are so located and are of such a character as to make them desirable for the Commonwealth for the purpose of creating and maintaining a Forestry Reservation, he shall have power, at his discretion, to purchase any such lands for and in behalf of the Commonwealth at such tax sales, subject to the right of redemption under existing laws: Provided, however, That the bid made and the price paid for said lands, shall in no case exceed the amount of taxes for the non-payment of which the same are being sold, and the costs. For all purchases so made in behalf of the Com- monwealth, the Auditor General shall draw his warrant upon the State Treasurer to the order of the county treasurer, upon certificate filed by the Commissioner of Forestry with the said Auditor General : Proyided further. That the Commissioner of Forestry shall have power to purchase unseated lands other than such as are advertised for sale for the non-payment of taxes, upon such terms and condi- tions as may be agreed upon with the owners of such land: Pro- vided, That such purchase shall be approved by the Governor and the Board of Property, consisting of the Attorney General, Secretary of the Commonwealth, and Secretary of Internal Affairs. And pro- , vided further. That in no case shall the price paid for such unseated land exceed the assessed value of the same. For all purchases so m.ade in behalf of the Commonwealth the Auditor General shall draw his warrant upon the State Treasurer to the order of the grantor, upon certificate filed by the Commissioner of Forestry, with approval as aforesaid: Provided, That in no case shall the amount paid for any tract of land purchased under the provisions of this act exceed the sum of five dollars per acre. Sec. 1, Act of April 28, 1899, P. L. 98, amending Sec. 2, Act of March 30, 1897, P. L. n. 406 947. REDEMPTION MONEY TO BE REMITTED TO STATE TREASURER. In the event of redemption of said lands, the redemption money paid shall be remitted to the State Treasurer by the county treasurer, with a statement describing the tract of land so redeemed. Sec. 3, Act of March 30, 1897, P. L. 11. For provisions covering right of redemption and proceedings thereon see Sees. 961 to 969 below. 948. TITLE TO LANDS PURCHASED AND NOT RE- DEEMED TO BE VESTED IN COMMONWEALTH. DUTY OF COUNTY TREASURER. EXEMPTION FROM TAX- ATION. The title to all lands so purchased, and not redeemed after the expiration of the time limited for redemption, shall be taken as vested in the Commonwealth to the same extent, and with like effect as though such purchase had been made by an individual at such sale, and the county treasurer shall certify to the Secretary of Agri- culture, lists of all lands purchased in behalf of the Commonwealth and not redeemed within the time limited for such redemption, with J. description of each tract as required by section one of this act, and thereafter such lands shall not be subject to further taxation while the same are owned by the Commonwealth. It shall, be the duty of the Secretary of Agriculture to keep a record in a book, to be espe- cially provided for that purpose of all the lands so acquired by the Commonwealth, with full description of each tract, the character of the same, the date of purchase, the price paid, when the title became absolute, or if redeemed, the date of redemption. Sec. 4, Act of March 30, 1897, P. L. 11. 2. Sales of Seated Lands. 949. TAXES LEVIED ON SEATED LANDS. RETURN TO COMMISSIONERS WHEN NOT SUFFICIENT PERSONAL PROPERTY. AFTER TWO YEARS TO BE SOLD SAME AS UNSEATED LANDS. Return of taxes assessed by the authorities of any county, school district, poor district, borough, incorporated town, or township, against seated lands, shall be made whenever per- sonal property cannot be found thereon sufficient to pay such taxes, to the commissioners of the county, on or before the first day of P'ebruary succeeding the date when the taxes were assessed. When- ever any such taxes are not paid within two years after the date of the assessment, such seated lands shall be advertised and sold by the county treasurer, at the time and in the manner, and with the same conditions and effect, as unseated lands. Sec. 1, Act of June 1, 191S, P. L. 660, No. 292, amending Sec 1 Act of May 21, 1913, P. L. 285, ^ ' ' ' ■ 407 It was held in the case of Bradford County v. Beardsley, 60 Sup. Ct. 478, the Act of 1913, amended by the above act repealed the lien Act of June 4, 1901, P. L. 364, in so far as it relates to the question of pro- cedure in enforcing collection of delinquent taxes. The provisions of the Act of 1901 have therefore been omitted from this compilation. 950. SALES OF SEATED OR UNSEATED LANDS VALI- DATED. EXCEPTIONS. All sales of seated or unseated lands within this Commonwealth which shall hereafter be made for arrear- ages of taxes due thereon, shall be held, deemed and taken to be valid and effective irrespective of the fact whether such lands were seated or unseated at the time of the assessment of such taxes : Pro- vided, That nothing in this act contained shall validate or authorize the sale of any land* which was in fact seated at the time of the as- sessment of the taxes thereon, in any, case where there was sufficient personal property on the premises to pay all the taxes assessed thereon, liable under the laws of this Commonwealth to have been seized therefor. Sec. 1, Act of June 3, 188S, P. L. 71, No. 43. 9Sr. FIVE PER CENTUM OF TAX TO BE ADDED TO TAXES RETURNED ON SEATED LANDS. From and after the passage of this act, when seated lands shall be returned for non- payment of taxes the collector of taxes or other person making such return shall add to the amount of each item of tax, for which the same is returned, five per centum thereof, which shall be recovered or col- lected along with said taxes, as the same are now recovered or col- lected by law, and when so recovered and collected the said five per centum shall bp paid to the collector of taxes or other person making such return. Sec. 1, Act of April 19, 1901, P. L. 81, No. 53. _ 952. OWNER TO HAVE RIGHT OF REDEMPTION IN CASE OF SALES OF SEATED LANDS. Where seated real es- tate has been heretofore or shall be hereafter returned to the county commissioners of the proper county for 'non-payment of taxes thereon, and has been or shall be sold in satisfaction of said taxes, the owner or owners of such real estate shall have the right to re- deem the same within the same time and in the same manner as if the real estate were unseated and assessed and sold as unseated: Provided, That as to seated real estate heretofore sold such right of redemption shall not expire before the expiration of one year from 408 the date of this act : And provided further, That no title by tax sale which shall have become absolute prior to the passage of this act shall be affected by its provisions. Sec. 1, Act of May 13, 1879, P. L. SS, No. 52. For provisions covering right of redemption see Sees. 961 to 969 below. 953. OWNER MAY SHOW THAT THERE WAS SUF- FICIENT PERSONAL PROPERTY, IN SUCH CASE TITLE TO REMAIN IN HIM, This act shall not be so construed as to prevent the original owner or owners from showing that there was sufficient personal property on the real estate sold to pay all the taxes assessed thereon which might have been seized by the collector if he had used due diligence, and in such case the title of the original owner or owners shall not be doubted. Sec. 2, Act of May 13, 1879, P. L. 55, No. il. 954. SALE NOT TO DIVEST TITLE OF JOINT OWNER WHO HAS PAID HIS PROPORTIONATE SHARE OF TAXES BUT ONLY SHARE OF JOINT OWNERS WHO HAVE FAILED TO PAY THEIR SHARE. The undivided interest of any tenant in common or coparcener of any seated lands in this Com- mon-Health shall not be sold, or title thereto be divested by any treas- urer's or sheriff's sale, for the failure of any of said tenants in com- mon or coparceners to pajr their pro rata share of the taxes assessed against said land, if such tenant in common or coparcener has paid to the proper collector of taxes his or her proportionate amount of taxes chargeable against such land ; and the sale of such lands shall divest and pass title to such undivided shares or interest only in such land" as is held by such persons who have failed or neglected to pay their proportionate part of such taxes. Sec. 1, Act of May 24, 1917, P. L. 270. 955. JOINT OWNERS MAY PAY PROPORTIONATE SHARE AT ANY TIME BEFORE THE SALE TO PROTHONO- TARY OR COUNTY TREASURER. SALE OF RESIDUE NOT TO AFFECT TITLE OF THOSE WHO PAID PROPORTION- ATE SHARE. Any such tenant in common or coparcener shall have the right to pay his or her proportionate part of such taxes, at any time, before the sale of the land under any lien entered in the prothonotary's office or before any treasurer's sale, to the prothono- tary or county treasurer ; and it shall be the duty of the prothonotary . or county treasurer to receive the same for the district levying the tax ; and the sale of the residue of the shares or interest in such lands, 409 on which the taxes remain unpaid, shall in no way affect the right, title, or interest of those who have paid their proportionate share of such taxes for which the land is sold. Sec. 2, Act of May 24, 1917, P. L. 270. 3. Surplus Bonds. 956. ACKNOWLEDMENT, TO BE DEPOSITED WITH TREASURER. RECORDING AND FILING IN PROTHONO- TARY'S OFFICE. After the passage of this act, all surplus bonds given by purchasers at tax sales of real estate shall be acknowledged by the obliger or maker before any officer competent to take acknowli edgment of deeds, after which they shall be deposited with the county treasurer before the deed for the land upon which such surplus bond iS given is lifted by the purchaser. It shall be the duty of the county treasurer to have all such surplus bonds deposited with him, forth- with recorded in full in the office of the prothonotary of the court of common pleas of the county wherein the lands sold lie, and the pro- thonotary shall provide a book or books at the expense of the county to be entitled "Surplus Bond^Record," in which shall be indexed in alphabetical order in the name of the purchaser or obligor who gave the bond with the amount and date of the same and after record of said surplus bond the same shall be filed in the prothonotary's of- fice as is now provided by law. Sec. 1, Act of May 8, 1895, P. L. 47, No. 32. For provision requiring deposit of surplus bonds see Sec. 934 above. 957. FEE OF PROTHONOTARIES. CERTIFIED COPIES. The prothonotary shall receive from the purchaser or obligor who gave the bond the sum of fifty cents for recording and indexing any such surplus bond, and shall, when requested, give certified copies of the same, and such certificate shall be received in evidence the same as the original instrument. Sec 2, Act of May 8, 1895, P. L. 47, No. 32. 958. COLLECTION ON SURPLUS BOND BY EXECUTORS OR ADMINISTRATORS OF FORMER OWNER. SUSPEN- SION OR PREVENTION OF SUCH COLLECTION, The exe- cutors or administrators of any decedent whose real estate may have been or hereafter may be sold for taxes, during the lifetime of such decedent, in pursuance of the several laws of this Commonwealth, and a bond or bonds given by the purchaser for the surplus monies arising from such sale, may proceed to recover and collect the same as fully and in the same manner as the decedent, if living, could col- lect the same, and the monies when collected, after deducting there- from the expenses of collecting, shall be assets in the hands of said executors or administrators, in the same manner to all intents and 410 purposes as though the same had been collected on a bond due the decedent ; but it shall be in the power of the court in which the same is about to be collected, on application by any heir or heirs, creditors or devisees of such decedent, to make an order to suspend or prevent the collection of said monies, when in the opinion of said court such collection may operate injuriously on the interests of said heirs, creditors or devisees. Sec. 4, Act of April 14, 1840, P. L. 349. 959. LANDS OF DECEDENT OWING DEBTS SOLD FOR TAXES. EXECUTORS OR ADMINISTRATORS MAY COL- LECT ON SURPLUS BOND. PROCEEDS TO BE DE- POSITED IN COURT AND APPLIED ON DEBTS. When any person has or shall die seized of unseated land, leaving debts due at the time of his death, which are or shall become liens on his real es- tate, and saifi land is now or shall be sold for taxes, and bonds given for the surplus money pursuant to law, it shall be lawful for the exe- cutors or administrators of such decedent to collect said bonds, as fully and effectually as though the land had been sold during the life- time of such decedent, and the monies when so collected, after de- ducting out tlie expenses of such collection, shall be paid into the court of common pleas when such bond is filed, and distributed by order thereof, in the same manner as monies arising from a sale by the sheriff of said property on such lien would have been distributed, and the like remedy by appeal shall be given as in case of sheriff's sales. Sec. 5, Act of April 14, 1840, P. L. 349. 960. SURPLUS BONDS TO HAVE EFFECT OF JUDG- MENT ON LANDS. SUIT ON BOND. EXECUTION. The bonds taken by the sheriff or coroner, for surplus monies, and filed as aforesaid, shall, from the date of the deed by him executed as afore- said, bind as effectually and in like manner as Judgments, the lands by him sold, into whose hands or possession soever they may come ; and the owners of said lands, at the time of sale, or their heirs, assigns or other legal representatives, may at any time within five years after such sales, cause actions to be entered on the docket of the said prothonotary, in the name of the sheriff or coroner, for the use of the said owners, their heirs or assigns, or other legal repre- sentatives ; and if the monies mentioned or contained in such bonds, together with legal interest from the time it is demanded, be not paid within three months after such entry, execution shall issue forthwith for the recovery of the same. Sec. 4, Act of April 3, 1804, P. L. S17. These bonds are now taken by the county treasurer. See Sec. 93S above. — 411 4. Redemption. 961. BY OWNER OFLAND SOLD. TIME LIMIT. PAY- MENT. RIGHT OF ACTION. OWNER UNDER LEGAL DISABILITY. PAYMENT FOR IMPROVEMENTS. If the^ owner or owners of lands sold as aforesaid, shall make, or cause to be made, within two years after such sale, an offer or legal tender of the amount of the taxes for which the said lands were sold, and the costs, together with the additional sum of twenty-five per cent, on the same, to the county treasurer, who is hereby authorized and re- quired to receive and receipt for the same, and to pay it over to the said purchaser upon demand, arid if it shall be refused by the said treasurer, or in case the owner or owners of lands so sold, shall have paid the taxes due on them, previously to the sale, then, and in either cf these cases, said owner or owners shall be entitled to recover the same by due course of law, but in no other case and on no other plea, shall an action be sustained, and it is hereby declared that so much of the act to which this is a supplement, as requires notice of the taxes being due and sale thereon to be given in certain public newspapers, is repealed, and no alleged irregularity in the assessment, or in the process or otherwise, shall be construed or taken to affect the title of the purchaser, but the same shall be declared to be good and legal : F'rovided, That where the owner or owners of land sold as aforesaid, shall, at the time of such sale, be an orphan or orphans, on insane, and residing within the United States, two years after such disability is removed, shall be allowed such person or persons, their heirs or legal representatives, to bring their suit or action for recovery of the lands so sold, but where the recovery is affected in such cases, the value of the improvements made on the land so sold, after the sale thereof, shall be ascertained by the jury trying the action for recovery, and paid by the person or persons recovering the same, before he, she or they shall obtain possession of the lands so recovered. Sec. 4, Act of March 13, 1815, P. L. 177. See also Sec. 973 below. 962. "MINOR" SUBSTITUTED FOR "ORPHAN" IN PRE- CEDING SECTION. The word orphan or orphans, in the fourth section of the act of 13th March, eighteen hundred and fifteen, (pre- ceding section), relative to sale of unseated lands for taxes, shall hereafter be taken and construed to mean minor or minors ; and any minor or minors who may have been heretofore deprived of the right of redeeming lands sold under the provisions of said act, by reason of the word orphan or orphans being, used in said act instead of the word minor or minors, shall have the right to bring their suit or 412 action for such lands, or to redeem the same at any time within two years after the passage of this act: Provided, That this provision shall not affect any adjudicated case. Sec. 30, Act of April 25, 1850, P. L. 569. 963. BY JOINT TENANT, TENANT IN COMMON OR CO- PARTNER. REDEMPTION OF PROPORTIONATE SHARES. If any joint tenants, tenants in common or co-partners of unseated lands sold for taxes, have made, or shall hereafter make, within two j'cars after such sale, an offer or legal tender of a proportionate part of the amount of the taxes for which the said lands were sold, and of the costs, together with the additional sum of twenty-five cents on the same, equal to the proportionate part of interest in and of the land so held by him, her or them, to the county treasurer, who is hereby authorized and required to receive and receipt for the same, and pay it over to the purchaser on demand ; thgji and in' that case the said joint tenant, tenants in common and co-partners shall be entitled to recover their share and interest in said lands, by due course of law, and shall hold and enjoy the same, with the purchaser at said sale, as tenants in common. Sec. 3, Act of March 9, 1847, P. L. 279. See also Sec. 974 below. 964. BY ADVERSE CLAIMANT OF PART OF LAND. RE- DEMPTION OF PROPORTIONATE PART. In case of the sale, by any county treasurer, of any unseated tract or tracts of land, for taxes, which may be interfered with by the surveys or titles of other claimants to said tract or tracts, it shall be lawful for any such claim- ant or claimants, within two years after any existing or future sale, to ofiFer or tender the legal amount of taxes assessed upon so much of the said tract or tracts of land, as shall be included within the Hnes under which said claimants claim or hold title, and of the cost, to- gether with the additional twenty-five per cent, on the same, equal to the proportionate part so included within the lines aforesaid, to the county treasurer, who is hereby authorized and required to re- ceive and receipt for the same, and pay it over to the purchaser, on demand ; which said redemption shall be as effectual, for the protec- tion, to all intents and purposes, of said claimant or claimants' title within the lines of his survey or claim, as if the said redemption had been made for and included all the land within the lines of said in- terferences; any law, usage or custom to the contrary notwith- standing. Sec. 1, Act of April 3, 1862, P. L. 228. 413 965. BY PERSON HOLDING LIEN, ETC., AGAINST LAND. COLLECTION ON SURPLUS BOND. PAYMENT INTO COURT AND DISTRIBUTION. When any lands have been or sliall be sold for taxes, on which any person has a lien or other equi- table interest, it shall be lawlul for such person or persons, his heirs, assigns or other legal representatives, to redeem the same from the effects of such sale, as fully as the owner at the time of the sale might or could do, and when the time of redemption has or shall ex- pire before the same if effected, it shall be lawful for such person or persons, his or their heirs, assigns or other legal representatives, to proceed in the manner prescribed by law to collect the amount of the surplus land, as fully as the owner of the land at the time of the sale might or could do ; but the moneys when collected shall be paid into the court, when such bond is filed and distributed by decree of said court, in the same manner that the monies arising from a sale of said land by the sheriff would be by law distributed, and such decree of distribution shall be subject to like appeal as decrees of distribution of moneys arising from sheriff's sales are, or may be by law subject. Sec. 6, Act of April 14, 1840, P. L. 349. , ' 966. TREASURER'S RECEIPT MAY BE RECORDED WITH PROTHONOTARY. FEE. PROOF OF TREASURER'S HANDWRITING IN CERTAIN CASES. It shall be lawful for any person who has or hereafter shall redeem any land sold for taxes, to give the receipt of the treasurer for such redemption money to the prothonotary of the proper county, when such sale is entered, who is hereby required to enter such receipt at length in a book to be kept by him for that purpose, and mark on the margin of the entry of the deed of such tract of land the word redeemed, and note the page of the book where such receipt is entered, for which service he shall be entitled to a fee of twenty-five cents for each tract and no more, and on such entry being completed, such receipt shall be returned to the owner; but when the handwriting of the treasurer is not known to the prothonotary, he shall not enter the same till the person produc- ing such receipt shall cause probate to be made thereof by some per- son acquainted therewith, before some judge, alderman, or justice of the peace of this commonwealth, and said probate shall be recorded with said receipt, and the recording of any receipt entered, as re- quired by this act, shall be as good evidence in any court of record or elsewhere, as the original might or could be : Provided, That noth- ing in this act shall be construed to require the person redeeming, or who has redeemed lands to procure such receipts to be entered, nor shall the title be in any way affected by default thereof: Provided, That this act shall not be construed so as to affect the rights of any person or persons acquired under the existing laws. Sec. 7, Act of April 14, 1840, P. L. 349. 414 967. MONEY PAID FOR REDEMPTION BY PERSON HOLDING LIEN AGAINST PROPERTY TO BECOME PRIOR LIEN. COSTS OF RECORDING RECEIPT TO BE DOCKET COSTS. When any lands which, within two years last past have been or "hereafter shall be sold for taxes, are redeemed by any person who has a Hen, or by such person's heirs, assigns or legal representa- tives, the redemption money thus paid, with lawful interest from time of redemption thereon, shall be and remain a lien upon such title of the debtor as would have passed to the purchaser under the sale of no redemption had been made, and shall have priority as a lien over other liens against the same title : Provided however. That the lien creditor, his heir, assigns or legal representatives, thus redeeming, shall have and is hereby authorized to have the said claim or receipt for redemption money entered by the proper officer as costs on the record where the lien is entered or recorded, and thereupon the said claim shall be treated as docket costs in the proper judgment or mort- gage lien, and, together with interest thereon, shall be preferred in the distribution of the proceeds of any subsequent sale of said prop- erty. Sec. 1, Act of May IS, 1874, P. L. 192. PERSON REDEMMING TO PAY TAXES PAID BY PURCHASER AT TAX SALE, ACCRUING SINCE SALE. Hereafter when a purchaser at a treasurer's sale of unseated lands, shall have paid taxes on the land purchased by him, which have accrued since the sale and before the time allowed to redeem has ex- pired, the owner or person redeeming shall pay, together with the redemption money, to the treasurer, all taxes which may have been paid by the purchaser, and the treasurer, shall pay the same to the purchaser with said redemption money, when called for. Sec. 1, Act of May 8, 1855, P. L. 519, No. 541. 969. CLAIMS FOR IMPROVEMENTS. No law respecting the sale of land for taxes, shall be so construed by any court as to pre- vent a recovery of the value of the improvements made, in all cases whatsoever where a recovery is effected against a purchaser at a sale for taxes, or other person claiming under him; but the acts of assembly shall be so construed that a fecovery for improvements as aforesaid, shall be an incident in all cases whatsoever, where there is a recovery against the tax title, without regard to the nature of the de- fects of said title, and wherever any person claiming under such tax title may be out of possession, and on account of defects in said title, fail to recover the land, the jury under the direction of the court try- ing the cause, shall assess the value of the improvement made by such person, or those under whom he claims, and shall fix the time within 415 which said assessment shall be paid by the defendant or defendants ; and if the sum so assessed be not paid within the time specified by the said jury, the title of the plaintiff shall thenceforth be confirmed and rendered good and valid to the land in dispute, as against the defend- ant, and all claiming under him ; and after a failure to pay such as- sessment, a writ of haberi facias possessionem may issue forthwith from said court, without any other proceeding, and in all cases where a recovery is had against the defendant or defendants, claiming under a tax title as aforesaid, the jury assessing the value of the improve- ments, shall under the direction of the court also find the time within which the same shall be paid by the plaintiff, and on failure to pay such assessment within the time so fixed by the said jury, the title of the said defendant or defendants shall thenceforth be confirmed and rendered good and valid as against plaintiff and all claiming title under him : Provided, That no improvement made within two years after the sale of said land for taxs, shall be paid for by the party re- covering or purchasing the same : Provided also, That if the defects in the tax title shall be known to the purchaser at the time of the sale, of if a tender of the redemption money may be made within two years of sale, he shall not be allowed for his improvement : And provided further, That nothing herein contained shall affect the interests of minors who shall claim the lands inherited by them within two years after they shall arrive at age. Sec. 20, Act of April 12, 1842, P. L. 262. Quaere: Whether any part of this section was intended to be abso- lutely repealed by Sec. 2, Act of March U, 1843, P. L. 79? 5. Lands Purchased by County Commissioners for County. 970. COMMISSIONERS TO BID IN PROPERTY IF BID EQUAL TO TAXES AND COSTS IS NOT MADE. RECORD. CHARGE FOR TAXES. If any tract of land hereafter be sold for taxes shall not have bidden for it a sum equal to the whole amount of taxes and the costs then accrued, it shall be the duty of the commis- sioners of the proper county, or any of them, to bid off the same, and a deed shall, thereupon, be made by the treasurer to the commission- ers for the time being and their successors in office to and for the use of the proper county. And it shall be the duty of the commissioners to provide a book, wherein shall be entered the name of the person or persons as whose estate the same shall have been sold, the quantity of land or number of lot and number of tract, if any, the amount of the taxes and the costs it was sold for, and every such tract of land shall not thereafter, so long' as the. same shall remain the property of the county, be charged in the duplicate of the proper collector, but for five years next following §uQh sale, if it shall so long remain un- I 416 redeemed, the commissioners shall, in separate columns in the same book, charge every such tract of land with like county, school, road, or other taxes as would have been chargeable against the said land had the same not been sold and purchased by the commissioners as aforesaid. Sec. 1, Act of July 8, 1885, P. L. 268. See also Sec. 943 above. It would seem from a reading of the Act of May 9, 1889, P. L. 141 (Sec. 973 below), that the period for redemption has been changed to two years. f 971. FORM OF DEED TO COMMISSIONERS. DUTIES OF COMMISSIONERS' CLERK. The form of the deed required by this act to be executed by the treasurer to the commissioners, may be in the following words, viz. "Whereas, a tract of unseated land containing. acres, situate township, in the county of. surveyed to Jiath been rated and assessed with divers taxes, to wit, county taxes dollars, and road taxes dollars, which remain unpaid, and the treasurer having offered the same for sale, agreeably to law, and no person bidding therefor a sum equal to the amount of taxes due, and the costs of advertising and sale, it there- fore became the duty of the commissioners to buy the same, which they have accordingly done on the day of last past, for the sum of dollars. Now, this identure witnesseth, that I, , treasurer of said county, do, for and in consideration of the said sum, grant, bargain and sell the said tract of land to commissioners of said county, to hold to them and their successors in of5fice for ever, subject to the redemption allowed by law. In witness whereof, I have hereunto set my hand and seal, the day of. . Sealed and delivered in the presence of .(Seal.) Acknowledged by the grantor before. — one of the justices of the peace of the county of Witness the hand and seal of said justice, the day of - (Seal.)" AH which sales to the commissioners, shall be entered by their clerk in their book of minutes, as well as any redemption which may hap- pen, and sales by them after the right to redeem is passed over. Sec. 9, Act of March 13, 1815, P. L. 177. 972. CERTIFICATE TO COMMISSIONERS OF TAX RATE TO FIX CHARGE OF LANDS. It shall be the duty of the proper officers levying and fixing the rate of taxation for all local or other 417 purposes within any county of this Commonwealth, wherein the com- missioners thereof have purchased land as aforesaid, annually, im- mediately after levying such local or other tax or fixing the rate thereof, to certify or cause to be certified by their clerk or secretary, to the county commissioners the rate of taxation upon real estate for such local or other purpose in order that the lands purchased as afore- said may be charged with such taxes. Sec. 2, Act of July 8, 1885, P. L. 268. 973. RIGHT OF REDEMPTION IN OWNER, CONDI- TIONS. CONVEYANCE. APPLICATION OF REDEMPTION MONEYS. The right of redemption shall remain in the real owner of such land for two years after such sale, and on paying the treas- urer of the county all taxes and costs due thereon at the time of sale, and interests "thereon and also the taxes which have been levied and charged thereon from year to year after the sale, and interest thereon from the time such taxes ought to have been paid, and on production of the treasurer's receipt therefor, the commissioners shall by deed poll, indorse on the back of the treasurer's deed to them, convey to the person who shall have been owner of the land at the time of the sale, or his legal representatives, all rights and title which the county may have acquired under- such sale as aforesaid ; and the moneys re- ceived shall be paid to the respective townships or districts in which such lands shall lie, as they may be entitled thereto : Provided, That this act shall not apply to sales of land already made to county com- missioners. Sec. 1, Act of May 9, 1889, P. L. 141, amending Sec. 3, Act of July 8, 1885, P. L. 268. 974. RIGHT OF REDEMPTION OF PROPORTIONATE PART BY PART OWNER. CONDITIONS. CONVEYANCE. PUBLIC SALE OF REMAINING SHARES OR INTEREST. When any unseated lands shall have been purchased by the county commissioners for the use of the county, and joint tenant, tenant in common, or coparcener of said land, shall have the right during the time now allowed to a sole owner to redeem his or her interest in a proportionate part of the same, upon paying the treasurer of the county his or her proportionate part of the taxes and cost due thereon at the time of sale, and interest therefor for the same time ; and also, his or her proportionate part of the taxes which shall have been as- sessed thereon from year to year after the sale, and interest of each as- sessment, to be counted from the time it ought to have been paid ; and on the production of the treasurer's receipt, the commissioners shall, 27 418 by endorsement under their hands and seals on the back of the treas- urer's deed to them, convey to the person who has thus redeemed his or her interest in, or proportionate part of the lands, such share or interest as he or she shall have redeemed as aforesaid ; and the coupty commissioners may sell the residue of the shares or interest in said land not redeemed within five years, at public sale, and make a deed therefor to the purchaser, who shall hold and enjoy the same as tenant in common with the person who has redeemed his or her in- terest or share therein. Sec. 32, Act of April 25, 1850, P. L. 569. The period allowed for redemption is now two years. See preceding section. 975. COMMISSIONERS TO OFFER LANDS TO DEPART- MENT OF FORESTRY. DESCRIPTION AND DRAFT OF LAND. COST OF DRAFT TO BE ADDED TO COST AC- CRUED AGAINST LAND. When county commissioners shall have received from the county treasurer a conveyance of lands which shall have been advertised and sold for unpaid taxes, in accordance with the several acts of assembly relating to the sale and conveyance of lands for taxes, the said commissioners are hereby directed, after the period for redemption of said lands shall have expired, to offer said lands to the Department of Forestry, for acceptance or rejection by said department, for forestry purposes, when required so to do by the Department of Forestry. The county commissioners, in making such offer, shall describe the land by giving the name of its former owner, its location, warrantee name or number, and its adjoiners. They shall state the number of acres and perches in each tract so of- fered, and the amount of taxes, interest, and costs due thereon, which shall have been levied and become a lien and accrued to the time of making the offer. Every such offer shall be accompanied by a draft of the land, when required by the department, to be prepared by the county surveyor. The cost of the preparation of such draft shall be paid by the county commissioners, and in no case shall exceed the ordinary and usual amount paid for the making of similar drafts in the course of county business. The cost of the draft may be added by the commissioners to the amount of costs accrued against the land which they shall offer the Department of Forestry. Where adjoin- ing tracts are so offered, they shall be included within one draft, and the cost of the draft shall be ratably apportioned among the several tracts in accordance with the area thereof. Sec. 1, Act of April 21, 1915, P. L. 140. 419 976. EXAMINATION OF LAND AND TITLE. VALU- ATION. ACCEPTANCE OR REJECTION BY DEPART- MENT. DEED OF CONVEYANCE. CONSIDERATION. Upon receiving any such offer from the county commissioners, which offer shall be made upon blank forms to be prepared by the Depart- ment of Forestry and supplied to the commissioners, the department shall make an examination and valuation of the land so offered, to determine whether it is suitable for forestry purposes. If found not suitable for forestry purposes, the department shall so notify the com- missioners. If found to be suitable for that purpose, it shall likewise notify the commissioners of its suitability, make a conditional ac- ceptance, and proceed to examine the title. If such examination shall disclose that the title is marketable, and of such character as can be safely accepted, the department shall prepare a deed to be executed by the commissioners, conveying such land to the Commonwealth of Pennsylvania. The consideration shall include all taxes levied, in- terest, and costs due to date of conveyance; but shall, in no case, exceed the limits of purchase price now or hereafter fixed by law for the purchase of land by the Department of Forestry for forestry pur- poses. Sec. 2, Act of April 21, 1915, P. L. 140. 977. TITLE OF LAND TO BE CLEARED. FAILURE TO DO SO. If the title examination shall disclose incumbrances upon the land, or other objections, which, in the judgment of the Depart- ment of Forestry, will render the title unmarketable or undesirable for the State to own, the county commissioners shall then proceed to remove such objections to title, and cure such defects, so far as it may be possible to do so, or may be required by the practice of the Depart- ment of Forestry in the purchase of lands. , The purchase of said land shall not be further proceeded with until the title shall be ren- dered acceptable to the Department of Forestry. In case the county commissioners neglect or refuse to remove objectons to title when required by the Department, the Department may, after a reasonable time, not exceeding six months, notify the commissioners that it re- fuses to consider the further purchase of the land so offered. The time for removal of objections may be extended by the Department for cause shown. Sec. 3, Act of April 21, 191S, P. L. 140. 978. PUBLIC SALE OF PROPERTY NOT REDEEMED. If the owner or owners of any such lands, purchased by the- commis- sioners as aforesaid, shall not redeem the same within the period aforesaid it shall thereafter be lawful for the commissioners to sell any auch lands at public sale, and make a deed or deeds therefor to 420 the purchaser or purchasers with like effect and in the same manner that unseated lands purchased by county commissioners are now by law authorized to be sold by them, and after such sale the lands shall thereafter be charged by the proper assessor in the name of such last purchaser or redeemer, and shall again be liable to be assessed and sold for taxes as other lands. Sec. 4, Act of July 8, 1885, P. L. 268. 979. ADVERTISING FOR SALE LAND PURCHASED BY COMMISSIONERS AND REMAINING UNREDEEMED. It shall be the duty of said commissioners, before any such sale is made, to give at least thirty days notice of such power to sell, particularly designating the tracts that are to be sold, to be inserted in all the newspapers published in the proper county; or where no newspaper is published in the proper county, then to be published in a newspaper in the county next adjoining, and by six written or printed advertise- ments, put up in public places in the proper county. Part of Sec. 1, Act of March 29, 1824, P. L. 167. 980. NUMBER OF NEWSPAPERS. In counties of this com- monwealth, in which more than five newspapers are published, the commissioners of said counties shall, hereafter, be required to give notice of intended sales of seated and unseated lands, which they shall have theretofore purchased at treasurer's sales for non-payment of taxes, in no more than five newspapers published in the proper county: Provided, Nothing in this act shall prevent the said com- missioners from publishing the said notice of sale in one newspaper of the said county, published in a language other than the English language. Sec. 1, Act of May 27, 1881, P. L. 35, No. 42. 981. DISCRETION IN COMMISSIONERS AS TO NUMBER OF NEWSPAPERS WITHIN CERTAIN LIMITS. From and after the passage of this act the county commissioners of the several counties of this Commonwealth shall not be required to give notice of intended sales of seated and unseated lands, which they have here- tofore purchased or may hereafter purchase at treasurer's sales for non-payment of taxes, in a greater number of newspapers published in the proper county than in their judgment seem necessary: Pro- vided, however, That the maximum number shall not exceed five, nor the minimum number fall below two, if so many are published in the county. Sec. 1, Act of July 2, 1895, P. L. 421. 421 982. DEED OF CONVEYANCE. ACKNOWLEDGMENT. EFFECT. After such sale as aforesaid, the said commissioners shall have full power to make and execute a deed or deeds of conveyance to the purchaser or purchasers, in fee simple, and such deeds, after being acknowledged before a justice of the peace of the proper county, are hereby declared to be good and valid, to all intents and purposes, for such title as said commissioners had a right to convey. Sec. 2, Act of March 29, 1824, P. L. 167. 983. DEEDS NOT ACKNOWLEDGED TO BE GOOD UPON PROOF OF EXECUTION. Any deed or deeds which have been heretofore, or shall hereafter be executed by the commissioners of any county, in pursuance of the act of twenty-ninth of March, one thou- sand eight hundred and twenty-four, but which shall not have been acknowledged before a justice of the peace before delivery, shall upon proof of the execution thereof by the subscribing witness or witnesses thereto, as in case of ordinary deeds, be held to be as good and valid, for the purposes of record, as though such deed had been regularly acknowledged before delivery. Sec. 1, Act of April 9, 1872, P. L. 45. 984. PUBLIC SALE OF LANDS PURCHASED AT SHERIFF'S SALES FOR TAX CLAIMS. PUBLICATION OF NOTICE OF SALE. The county commissioners of the several counties of the Commonwealth, be, and they are hereby, authorized to sell at public sale, for the best price obtainable, all lands hereto- fore or hereafter purchased by said counties at sherifif's sales, under judgments obtained on tax claims upon which the period for redemp- tion has expired, and to execute and deliver to purchasers proper deeds for lands so sold ; notice of such sale to be given by publication in at least one newspaper of general circulation, published at the county-seat, once a week for three consecutive weeks ; said notice to designate particularly the tracts to be sold. Sec. 1, Act of April 4, 1913, P. L. 43, No. 34. This section seems to apply only to lands sold under the lien Act of June 4, 1901, P. L. 364, which, according to the decision of the Superior Court in Bradford County v. Beardsley, 60 Sup. Ct. 478, was repealed by the Act of May 21, 1913, P. L. 285, in so far as it relates to the question of procedure in enforcing collection of delinquent taxes. The only present effect of the above section, therefore, would be on lands sold under the Act of 1901 before the taking effect of the Act of 1913, and which may still be held by the county commissioners. 422 (h) Tax Liens. 985. TAXES TO BE FIRST LIEN. TO BE PAID IN FULL OUT OF PROCEEDS OF JUDICIAL SALE BEFORE ANY OTHER CHARGE. AH taxes which may hereafter be lawfully im- posed or assessed on any property in this Commonwealth, in the man- ner and to the extent hereinafter set forth, shall be and they are hereby declared to be a first lien on said property, together with all charges, expenses and fees added thereto for failure to pay promptly; and such liens shall have priority to, and be fully paid and satisfied out of the proceeds of any judicial sale of said property before, any other obligation, judgment, claim, lien or estate with which the said property may become charged, or for which it may become liable, save and except only the costs of the sale and of the writ upon which it is made. Sec. 2, Act of June 4, 1901, P. L. 364, No. 228. The Act of June 4, 1901, P. L. 364, was repealed by the Act of May 21, 1913, P. L. 285 (Sec. 949 above), "in bo far as it relates to the ques- tion of procedure in enforcing collection of delinquent taxes," Bradford County V. Beardsley, 60 Super. Ct. 478. This includes the filing of claims for taxes in the prothonotary's office, Finn v. Mellon, 71 Super. Ct 7, affirmed in 265 Pa. 147. This latter case in eflFect overrules Washington Co. v. Lindsey, 66 P. L. J. 3, which held that the county might still file its lien for taxes in the prothonotary's office under the Act of 1901 for the sole purpose of obtaining their payment through a judicial sale, should one be made. The full force of the Act of 1901 in the enforcement of payment of delinquent taxes is, however, preserved "in all cases where, when the Act of 1913 became effective, the procedure provided by the latter act could not be 'followed:" County of Beaver v. Anderson, 65 P. L. J. 716. The following acts have been passed to validate tax liens and sales under the Act of 1901 since the passage of the Act of 1913; to wit: Act of May 10, 1917, P. L. 162, Act of April 18, 1919, P. L. 60 and Act of July 9, 1919, P. L. 793. 423 CHAPTER XI. LICENSES. (a) Gypsies. UNLAWFUL TO OPERATE WITHOUT LICENSE. AMOUNT OF LICENSE FEE AND TREASURER'S FEE. NAME OF LICENSEE. After the passage of this act, it shall be unlawful for any roving band or bands of nomads, commonly called gypsies, or any person or persons composing such band or bands, to pitch or settle its or their encampment, or carry on its or their busi- ness or transactions, or practice their craft, within the limits of any county of this State, unless they or some of them shall first obtain from the county treasurer of the proper county a license for such band or bands to pitch or settle its or their encampment, or carry, on its or their ^business, or practice their craft, in said county, for which shall be paid, by the person applying for such license to the county treasurer, the sum of fifty dollars ($50), for the use of said county, and an additional fee of fifty cents to the said county treasurer for his fee for issuing the same. Such license to be issued in the name of the band for which such license is obtained, and shall be good for the year in which such license is issued or granted. And if such band has no name by which the same is generally known by its member's, then the party applying for such license shall designate to the county treasurer what name he desires such band to be called in the license to be issued. Sec. 1, Act of May 6, 1909, P. L. 445. 987. VIOLATION. PENALTY. Any band of roving nomads or gypsies, or any person or persons composing such band or bands, violating any of the provisions of section one of this act, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be sen- tenced to pay a fine of not less than fifty dollars or more than one hundred dollars, and may, in the discretion of the court, in addition, be confined in the county jail for a period of not more than thirty days. Sec. 2, Act of May 6, 1909, P. L. 445. 988. ARRESTS. SEIZURE AND SALE OF PROPERTY. TAKING OUT LICENSE AFTER ARREST. CONDITIONS. Any person may demand of any such band or bands of gypsies that 424 they shall produce or show their license issued within such county, and if they shall refuse io do so upon request or demand of any per- son, it shall be sufficient cause for such person to make an informa- tion before any justice of the peace against such band or bands, or any person or persons composing the same. When any constable shall arrest any person or persons composing such band or bands, as aforesaid, he shall seize all the property in the possession of such band or any of its members, and shall hold the same until after the trial of the person or persons so arrested ; and if such person or per- sons, or any of them, shall be convicted of a violation of any of the provisions of this act, then the constable shall proceed to sell the same, or so much thereof as may be necessary, after giving at least ten days' notice of said sale, to satisfy and pay the fine or fines and the cost of prosecution, together with the costs and expenses of keep- ing such property; and said constable shall return to such defend- ant any balance remaining in his hands after all costs, fees, and ex- penses have been paid; and such constable shall be entitled to the same fees for the taking and selling such property as are allowed for personal property under an execution: Provided, That when any person or persons composing such band or bands, as aforesaid, shall be arrested as provided in this act, the constable making such arrest or arrests shall, upon request of such person or persons arrested, to tcike him or them before the county treasurer of such county, and if the person or persons so arrested shall forthwith take out a license, as provided in section one of this a6t, for the band for which the person or persons so arrested are members, and shall pay to the said con- stable all costs of prosecution, together with a fine of ten dollars, then the said constable shall release such person or persons from his custody. Sec. 3, Act of May 6, 1909, P. L. 445. (b) Insurance Companies, Agents and Brokers. 989. UNLAWFUL TO COLLECT LICENSE FEES FROM CERTAIN COMPANIES, ETC. From and after the passage of this act, it shall be unlawful for any [city,] county, [or municipality] to impose or collect any license fee upon insurance companies or their agents, or insurance brokers, authorized to transact business under an act approved the first day of June, nineteen hundred and eleven, en- titled "An act to establish an Insurance Department ; authorizing the appointment of an Insurance Commissioner, and prescribing his powers and duties; also providing for the licensing, examination, regulation, and dissolution of insurance and surety companies and as- sociations, and for the licensing and regulation of insurance agents 425 and insurance brokers ; also providing for the collection of fees, and prescribing penalties for the violation of any of the provisions of this act, and repealing all existing acts." Sec. 1, Act of May 3, 1915, P. L. 217. (g) Dogs. 990. SHORT TITLE OF ACT. This act shall be known and may be cited as the Dog Law of One Thousand Nine Hundred and Seventeen. Sec. 1, Act of July 11, 1917, P. L. 818. ' 991. DEFINITIONS OF TERMS AS USED IN ACT. For the purpose of this act the following terms shall have the following mean- ings respectively designated for each : The term "livestock" shall include horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, and swine. The term "poultry" shall include all domestic fowl. The word "person" shall include State and local officers or em- ployes, individuals, corporations, copartnerships, and associations. Singular words shall include the plural. Masculine words shall in- clude the feminine and neuter. The word "owner," when applied to the proprietorship of a dog, shall include every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him. Sec. 2, Act of July 11, 1917, P. L. 818. 992. FURTHER DEFINITIONS. The term "kennel" shall mean any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes. The term "police officer" shall mean any person employed or elected by this Commonwealth, or by any municipality, county, or township, and whose duty it is to preserve peace or to make arrests or to enforce the law. The term includes game-, fish-, and forest- wardens. Sec. 3, Act of July 11, 1917, P. L. 818. 993. LICENSE REQUIRED. AGE OF DOG. DATE AND CONTENTS OF APPLICATION TO TREASURER. FIXING OF FEES. LIMITATIONS. TO BE ONLY LICENSE TAX REQUIRED. On or before the fifteenth day of January, one thou- sand nine hundred and eighteen, and on or before the fifteenth day of 426 January of each year thereafter, the owner of any dog six months old or over shall apply to the county treasurer, either orally or in writing, for a license for each such dog owned or kept by him. Such application shall state the breed, sex, age, color, and markings of such dog, and the name and address of the last previous owner; and shall be accompanied by a fee of not less than one dollar, nor more than two dollars, for each male dog and each spayed female dog ; and by a fee of not less than two dollars, nor more than four dollars, for each unspayed female dog. The license fee shall be determined by the commissioners of the several counties of the State, and shall be the only license or tax required for the ownership or keeping of said dog or dogs. Sec. 4, Act of July 11, 1917, P. L. 818. 994. COMMISSIONERS TO FURNISH LICENSE FORMS AND TAGS. EXPIRATION OF LICENSE. TAG TO BE KEPT ON DOG. EXCEPTIONS. Such license shall be issued on a form prepared and supplied by the county commissioners. Such license shall be dated and numbered and shall bear the name of the county issuing it and a description of the dog licensed. All licenses shall be void upon the fifteenth day of January of the following year. The county commissioners shall also furnish, and the county treas- urer shall issue, with each license, a metal tag. Such tag shall be affixed to a substantial collar. The collar shall be furnished by the owner, and with the tag attached shall at all times be kept on the dog for which the license is issued, except when confined in the ken- nel ; and except, also, that dogs owned or used by the Board of Game Commissioners of the Commonwealth, or theit special deputy game- protectors, servants, agents, and employes, shall not be required to wear the collar and tag aforesaid when used in hunting wildcat and bear during the winter months of December, January and February in each and every year. Sec. S, Act of July 11, 1917, P. L. 818. 995. COMMISSIONERS TO PREPARE AND FURNISH TAGS. FORM OF TAGS. LOST TAGS. The county commis- sioners shall prepare, and furnish annually to the county treasurer, metal tags to be given by the county treasurer to the owners of dogs when such owners shall pay the license fee for said dogs. Such tags shall be of metal, and shall bear the name of the county issuing it, and a serial number corresponding with the number on the license issued to said owner, as provided in the preceding section of this act. Such tags shall also have impressed thereon the calendar year for which such tag is issued, and shall not te more than one inch in length, and shall be equipped with a substantial metal fastening device. The general shape of said tag shall be changed from year to year. If any such tag, is lost it shall be replaced without cost by the county treasurer, upon application by the person to whom the original license was issued, and upon production of such license. Sec. 6, Act of July 11, 1917, P. L. 818. 996. LICENSES ISSUED BY JUSTICES OF THfi PEACE. FEE OF JUSTICE. REPORTS. DUTY OF TREASURER. LICENSE BOOKS AND STUBS TO BE DELIVERED TO TREASURER. Any justice of the peace within the county who has qualified by having applied to the county treasurer, and having re- ceived and receipted for necessary blanks and tags, may issue such dog licenses and tags in like manner as prescribed for' the issuance of licenses by the county treasurer. When a license is issued by a justice of the peace the person applying for the license shall pay fifteen cents to the said justice, in addition to the other fees pre- scribed as the cost of said license. Said fifteen cents shall be re- tained by the justice of the peace as his fee for the issuance of said license and reporting the same and remitting payment therefor to the county treasurer. Such report and remittance shall be made by the justice of the peace within twenty-four hours after the issuance of any license by him; whereupon the county treasurer shall make a record of, and otherwise treat, said license as thought it had been issued from his office, except that he shall also note upon his record the name of the justice issuing the license. Every justice of the peace shall deliver the book or books from which he has issued licenses, together with the stubs therein properly filled out and showing the names of each licensee and the number of the license issued to him, to the county treasurer before the fifteenth day of January of each year. Sec. 7, Act of July 11, 1917, P. L. 818. 997. LICENSING OF DOGS ACQUIRED OR BECOMING OF AGE AFTER JANUARY FIFTEENTH. ONE-HALF LICENSE FEE AFTER JULY FIFTEENTH. Any person be- coming the owner, after the fifteenth day of January of any year, of any dog six months old or over which has not already been licensed, cr any person owning or keeping a dog which becomes six months old at any time after the fifteenth day of January of any year, shall forth- with apply for and secure a license for such dog in the same manner as the annual license is obtained under the provisions of this act. If any such application is made at any time after the fifteenth day of 428 July of any year the license fee shall be, — for each male or unspayed female dog, one-half of the amount fixed as the annual license by county commissioners, for male or spayed female dogs ; for each un- spayed female dog, one-half of the amount fixed as the annual license, by the county commissioners, for unspayed female dogs. Sec. 8, Act of July 11, 1917, P. L. 818. 998. LICENSE TAG NOT TRANSFERABLE. EXCEPTION. TRANSFER OF OWNERSHIP OR POSSESSION OF DOG. No license or license tag issued for one dog shall be transferable to another dog, except as provided in sections eleven and twelve of this act. Whenever the ownership or possession of any dog is per- manently transferred from one person to another within the same county, the license of such dog may be likewise transferred, upon notice given to the county treasurer. This act does not require the procurement of a new license, or the transfer of a license already se- cured, when the possession of a dog is temporarily transferred, for the purpose of hunting game, or for breeding, trial, or show, in this Commonwealth. Sec. 9, Act of July 11, 1917, P. L. 818. 999. LICENSING OF DOGS ALREADY LICENSED IN AN- OTHER COUNTY. FEE. WHEN SECTION NOT TO AP- PLY. Whenever any dog licensed in one county is permanently re- moved to another county, the county treasurer of the county where the license was issued shall, upon the application of the owner or keeper of such dog, certify such license to the treasurer of the county to which the dog is removed. Such treasurers shall thereupon, and upon the payment of a fee of twenty-five cents, issue a license and tag for such dog in the county to which it is removed. This section does not apply to doggs used during the hunting sea- son for hunting game, or temporarily for breeding, trial, or show, in the Commonwealth ; nor for the transportation of dogs for hunting, breeding, trial, or show purposes, the home county license holding good for such purposes throughout the Commonwealth. Sec. 10, Act of July 11, 1917, P. L. 818. 1000. KENNEL LICENSES. RIGHTS UNDER KENNEL LICENSE. FEE. TAGS. Any person who keeps or operates a kennel may, in lieu of the license for each dog required by this act, apply to the county treasurer for a kennel license entitling him to keep or operate such kennel. Such license shall be issued by the county treasurer, on a form prepared and supplied by the county com- missioners, and shall entitle the licensee to keep any number of dogs six months old or over, not at any time exceeding a certain number 4^ to be spiecified in the license. The fee to be paid for each kennel license shall be five dollars for ten dogs or less, and ten dollars for more than ten dogs permitted to be kept under the kennel Ucenses. With each kennel Ucense the county treasurer shall issue a number of metal tags equal to the number of dogs authorized to be kept in the kennel. All such tags shall bear the name of the county issuing it, the number of the kennel license, and shall be readily distinguishable from the individual Hcense tags for the same year. Sec. 11, Act of July 11, 1917, P. L. 818. 1001. DOG§ IN KENNEL OVER SIX MONTHS TO BEAR TAG. TRANSFER OF KENNEL TAGS. DOGS TO BE KEPT IN KENNEL. EXCEPTIONS. The licensee of a kennel shall, at all times, keep one of such tags attached to a collar on each dog six months old or over kept by him under a kennel license. Such tags may be transferred from one dog to another within the kennel when- ever any dog is removed from the kennel. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel. This section does not prohibit the taking of dogs having a kennel license outside the limits of the kennel temporarily and in leash, nor does it prohibit the taking of such dogs out of the kennel temporarily for the purpose of hunting, breeding, trial, or show. Sec. 12, Act of July 11, 1917, P. L. 818. 1002. DOGS MAY BE BROUGHT INTO THE STATE TEM- PORARILY FOR CERTAIN PURPOSES. Any person may bring or cause to be brought into the State, for a period of thirty days, one or more dogs for show, trial, or breeding purposes. Sec. 13, Act of July 11, 1917, P. L. 818. 1003. TREASURER TO KEEP RECORD. CONTENTS. TO BE OPEN TO INSPECTION. TRANSFER OF OWNERSHIP OR POSESSION OF DOG TO BE NOTED. The county treas- urer shall keep a record of all dog licenses, and all kennel licenses, and all permits issued during the year. Such record shall contain the name and address of the person to whom each license or permit is issued. In the case of an individual Ucense, the record shall also state the breed, sex, age, color, and markings of the dog licensed ; and in the case of a kennel license, it shall state the place where the busi- ness is conducted. The record shall be a public record and open to persons interested, during business hours. Whenever the ownership or possession of any dog licensed under the provisions of this act is transferred from one person to another, 430 except the temporary transfer of dogs for hunting purposes, or for breeding, trial, or show, as provided in section nine of this act, such transfer shall be noted on the record of the county treasurer. Sec. 14, Act of July 11, 1917, P. L. 818. 1004. RECORD OF FEES. FEES TO BE TURNED INTO COUNTY FUNDS. "DOG FUND" UNDER FORMER LAWS. BILLS INCURRED UNDER ACT TO BE PAID OUT OF COUNTY FUNDS. DISPOSITION OF EXCESS. An accurate record of all license fees collected by the county treasurer, or paid over to him by any justice of the peace, shall be kept as a matter of information ; but all such funds shall be turned into the county funds. All moneys at present in the "dog fund" derived from taxation of dogs, under the existing law, shall be turned into the county fund. All bills incurred under this act, or due at the time of the passage of this act, shall be paid out of the county fund, and any excess moneys collected under this act shall be used for other county purposes. Sec. 15, Act of July 11, 1917, P. L. 818. 1005. TAX ASSESSORS TO INQUIRE FOR DOGS. RE- PORT TO COMMISSIONERS. NOTICE TO OWNERS OF DOGS OF REQUIREMENT OF LAW. NOT RELIEVED BY FAILURE OF NOTICE. The assessors for taxation purposes in each township, borough, town, and city of this Commonwealth shall annually, at the time of assessing property as required by law, make diligent inquiry as to the number of dogs owned, harbored, or kept by any person so assessed. The assessor shall annually, on or before the thirty-first day of De- cember, make a complete report, on a blank form furnished by the county commissioners, to such commissioners, setting forth the name of every owner of any dog or dogs, how many of each sex are by him owned or harbored, and if a kennel is maintained by any person such fact shall also be stated. It shall be the duty of the assessor, at the time of making the assessment, to notify the owner of such dog or dogs that he must obtain a license for the same as provided for in this act ; but the neglect or failure so to notify such owner shall not relieve the owner from his duty to obtain such licenses. Sec. 16, Act of July 11, 1917, P. L. 818. 1006. UNLAWFUL TO KEEP UNLICENSED DOG. EX- CEPTION. On and after the fifteenth day of January, one thousand nine hundred and eighteen, it shall be unlawful for any person to own or ke^p any dog six months old or over unless such dog is licensed by the treasurer of the county in which the dog is kept ; and unless such 431 dog at all times wears the collar and tag provided for by this act, unless such dogs are temporarily brought into the State for breed- ing, trial, or show purposes. Sec. 17, Act of July 11, 1917, P. L. 818. 1007. DUTIES OF POLICE OFFICERS WITH REGARD TO DOGS FOUND RUNNING AT LARGE. It shall be the duty of every police officer to seize and detain any dog or dogs which bear a proper license tag, and which are found running at large and unac- companied by its owner or keeper. It shall be the duty of every police officer to kill any dog which does not bear a proper license tag, which is found running at large. The chief of police or his agents, of any city, the high constable of any borough, or the constable of any borough not having a high constable, and the constable of any in- corporated town or township, shall cause any dog bearing a proper license tag and so seized and detained to be properly kept and fed, and shall cause immediate notice, either personal or by registered mail, to be given to the person in whose name the license was pro- cured, or his agent, to claim such dog within ten days. The owner of a dog so detained shall pay all reasonable expenses incurred by reason of its detention, under the provisions of this section, before the dog is returned. Sec 18, Act of July 11, 1917, P. L. 818. 1008. DISPOSAL OF UNCLAIMED DOGS. MONEYS DE- RIVED FROM SALE ON DOGS TO BE PLACED IN COUNTY FUNDS. COMPENSATION OF POLICE OFFICERS. EX- PENSES TO BE PAID BY COUNTY. If, after ten days from the giving of such notice, such dog has not been claimed, such chief of police or his agent, constable, or high constable shall dispose of such dog by sale, or by destruction in some humane manner. No dog so caught and detained shall be sold for the purpose of vivisection. All moneys derived from the sale of such dog, after deducting the ex- pense of its detention, shall be paid to the county treasurer and by him placed in the county fund. For services under sections eighteen and nineteen of this act, such officers shall be paid the sum of one dollar for detaining a licensed dog, and the sum of one dollar for the killing of a dog. All expenses incurred under this act or the preced- ing section, and not otherwise provided for, shall be paid by the proper county. Sec. 19, Act of July 11, 1917, P. L. 818. 432 1009. PENALTY ON POLICE OFFICER FOR FAILURE TO PERFORM DUTY UNDER ACT. TO BE DEDUCTED FROM AMOUNT DUE OFFICER FROM COUNTY. For failure to per- form his duty under the provisions of this act, such police officer shall be liable to a penalty of two dollars for each offense, which amount shall be deducted from any mount (amount) due such police officer from the county, at any settlement between such officer and the county commissioners. Sec. 20, Act of July 11, 1917, P. L. 818. 1010. WHEN DOGS MAY BE KILLED. EXCEPTION. Any person may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock, or attacking human beings, whether or not such dog bears the license tag required by the pro- visions of this act. There shall be no liability on such person in damages or otherwise for such killing. Any unlicensed dog that enters any field shall constitute a private nuisance, and the owner or tenant of such field, or their agent or serv- ant, may kill such dog while it is in the field, without liability or responsibility of any nature for such killing. Licensed dogs when accompanied by their owner or handler shall not be included under the provisions of this section, unless caught in , the act of worrying, wounding, or killing any livestock, or attacking human beings. Sec. 21, Act of July 11, 1917, P. L. 818. 1011. DOGS MADE PERSONAL PROPERTY. PENAL PROVISIONS RELATING TO DOGS. EXCEPTION IN FAVOR OF BOARD OF GAME COMMISSIONERS. All dogs are hereby declared to be personal property and subjects of larceny. Except as provided in section twenty-one of this act, it is unlawful for any person, except a police officer, to kill, injure, or poison, or to attempt to kill, injure, or poison, any dog which bears a license tag for the current year. It is unlawful for any person to place any dog button, or any poison of any description, in any place on his own premises or elsewhere where it may be easily found and eaten by dogs. It shall be unlawful for any person, except the owner or authorized agent, to remove any license tag from a dog collar, or to remove any collar with a license tag attached thereto, from any dog. It shall be unlawful for any person to harbor, or permit to remain about his premises, any dog not having a license. This section does not prohibit the Board of Game Commissioners, or any of its officers and agents, from placing poison, under the pro- visions of the game laws of this Commonwealth. Sec. 22, Act of July 11. 1917, P. L. 818. 433 1012. UNLAWFUL TO PERMIT FEMALE DOG TO RUN AT LARGE WHEN IN HEAT. It is unlawful for the owner pr keeper of any female dog to permit such female dog to go beyond the premises of such owner or keeper at any time she is in heat, unless such female dog is held properly in leash. Sec. 23, Act of July 11, 1917, P. L. 818. 1013. CUSTODY OF DOGS BETWEEN SUNSET AND SUN- RISE. The owner or keeper of every dog shall at all times, between sunset and sunrise of each day, keep such dog, — either (a) confined within an enclosure from which it cannot escape, or (b) firmly se- cured by means of a collar and chain or other device so that it can- not stray beyond the premises on which it is secured, or (c) under the reasonable control of some person, or when engaged in lawful hunting accompanied by an owner or handler. Sec. 24, Act of July 11, 1917, P. L. 818. 1014. PROCEDURE ON LOSS OF LIVESTOCK OR POUL- TRY BY DOGS. LIABILITY OF OWNER OR KEEPER OF DOG CAUSING INJURY. Whenever any person sustains any loss or damage to any livestock or poultry by dogs, or any livestock of any person is necessarily destroyed because of having been bitten by a dog, such person, or his agent or attorney, may complain to any township auditor, or to any justice of the peace, magistrate, or alder- man of the township, town, borough, or city. Such complaint shall be in writing, shall be signed by the person making such complaint, and shall state when, where, and how such damage was done, and by whose dog or dogs, if known. Such township auditor, justice of the peace, magistrate, or alderman shall at once examine the place where the alleged loss or damage was sustained and the livestock or poultry injured or killed, if practicable. He shall also examine, under oath or affirmation, any witness called before him. After making diligent in- quiry in relation to such claim, such township auditor, justice, magis- trate, or alderman shall determine whether any damage has been sustained and the amount thereof, and, if possible, who was the owner of the dog or dogs by which such damage was done. Any owner or keeper of such dog or dogs shall be liable to the owner of such livestock or poultry in a civil action for all damages and costs, or to the county to the extent of the amount of damages paid by such county as hereinafter provided. Sec. 25, Act of July 11, 1917, P. L. 818. 28 434 101 5. CERTIFICATE OF APPRAISEMENT. PROCEDURE IF DAMAGE HAS BEEN SUSTAINED. Upon making the ex- amination required in section twenty-five of this act, the township auditor, justice, magistrate, or alderman shall immediately make a certificate thereto, signed and sealed by him, that such appraisement was regularly and duly made. If, by such examination, it appears that any damage has been sustained by the complaint, the township auditor, justice, magistrate, or alderman shall deliver the report of such examination, and all papers relating to the case, to the claimant, or his agent or attorney, upon payment of the costs up to that time. Such report shall be delivered to the county commissioners to be filed in their office. Sec. 26, Act of July 11, 1917, P. L. 818. 1016. FEES AND MILEAGE OF MAGISTRATES. TO BE INCLUDED IN DAMAGES IF ANY AWARDED. Township auditors, justices of the peace, magistrates, and aldermen, for the spe- cial service required under sections twenty-five and twenty-six of this act, shall receive two dollars for each case, and five cents per mile for each mile traveled, to be paid by the claimant in each case. In all cases where damages are awarded, the fees paid by claimants shall be included in the amount of such damages. Sec. 27, Act of July 11, 1917, P. L. 818. 1017. PAYMENT OF DAMAGES BY COUNTY. PRE-RE- QUISITES TO PAYMENT. COMPENSATION FOR BURIAL OF LIVESTOCK OR POULTRY. CERTAIN RIGHTS TO ENURE TO BENEFIT OF COUNTY. Upon the commissioners , of the county receiving such report, if it appears thereby that a cer- tain amount of damages has been sustained by the claimant, they shall immediately draw their order on the treasurer of the county in favor of the claimant for the amount of loss or damages such claim- ant has sustained according to such report, together with necessary and proper costs incurred. Such amount shall be paid by the proper county. No person shall receive any order for any claim until the township auditor,, justice of the peace, magistrate, or alderman before whom the claim was made has certified that due diligence was made to ascertain whose dog or dogs did the damage, and that the carcasses of the livestock or poultry killed, and for which damages have been assessed, where buried within twenty-four hours after the assessment of damages. The owners of any livestock or poultry killed by dogs, or livestock necessarily destroyed because of having been bitten by a dog, shall be paid fifty cents each for burial of such livestock or poul- try killed, to be paid as other damages under this section. Upon payment by the county of damages to livestock or poultry by d(^s, 435 the rights of the owner of such livestock or poultry against the owner of the dog, to the extent of the amount of damages so paid by such county, shall enure to the benefit of the county. Sec. 28, Act of July 11, 1917, P. L. 818. 1018. NO PAYMENT BY COUNTY WHEN ITEM HAS BEEN PAID BY OWNER OF DOG, LIMIT OF DAMAGES. No payment shall be made for any item which has already been paid by the owner of the dog or dogs doing the injury. The fact that no such payment has been made shall be certified by the township audi- tor, justice of the peace, magistrate, or alderman. When any payment is made by the county for any livestock bitten by a dog, such payment shall not exceed one hundred dollars for each horse or mule, forty dollars for each head of cattle, or six dollars for each head of swine. Sec. 29, Act of July 11, 1917, P. L. 818. 1019. VALID CLAIMS NOT TO ABATE. Any valid claims or parts thereof for loss or damage to sheep, horses, mules, cattle, or swine, which have accrued under any general or local laws at any time prior to the passage of this act, shall not abate by reason of the repeal of such general or local act, but shall be paid out of the general fund of the proper county. All claims or parts thereof remaining unpaid for any reason at the close of any year shall not abate, but shall continue as claims until paid in full. Sec. 30, Act of July 11, 1917, P. L. 818. 1020. DOGS CAUSING DAMAGE TO BE KILLED. EXCEP- TION. COMPENSATION OF POLICE OFFICER. PAYMENT. If, in the report of the township auditor, justice of the peace, magistrate, or alderman, the name of the owner of any dog or dogs, having caused loss or damage to any livestock is definitely and conclusively shown, the county commissioners shall notify such owner or keeper im- mediately to kill said dog or dogs ; and if said dog or dogs be killed in accordance with such notice or order, the owner or keeper cf said dog or dogs shall be exempt from all further liability. Upon failure, however, of such owner to comply with such order within a period of ten days, he shall be liable for the damages caused by said dog or dogs ; and the chief of police or his agent of the town- ship, town, borough, or city in which said dog or dogs are kept shall, upon notice from the county commissioners, kill such dog or dogs wherever found. For such service he shall be entitled to one dollar for each dog so killed, to be paid by the proper county, upon a cer- tified statement to the commissioners that such dog or dog's have been 436 killed by him. The county commissioners shall issue an order on the county treasurer for such amount, unless payment has been made by the owner or keeper of the dog or dogs: Provided, however, That the owner or keeper of any licensed dog or dogs that have caused loss or damage to poultry shall not be obliged to kill said dog or dogs un- less said dog or dogs are mad, but shall be liable for said loss or damage. Sec. 31, Act of July 11, 1917, P. L. 818. 1021. DAMAGES FOR DOGS ILLEGALLY KILLED. TO BE PAID BY COUNTY IN CERTAIN CASES. DETERMIN- ING VALUE OF DOG KILLED. LIMITATIONS IN FAVOR OF GAME PROTECTION. Nothing in this act shall be construed to prevent the owner of a licensed dog from recovery, by action at law, the value of any dog which dog has been illegally killed by any police officer, farmer, stockman, or other person within this Common- wealth, from said police officer, farmer, stockman, or other person. In case such police officer or other person fails to pay the value of such dog so killed, the same shall be paid by the proper county. Said value of said dog to be ascertained in the same manner and form as provided in section twenty-five of this act for assessing the damage done to livestock by dogs. Nothing in this act shall be so construed as to prevent the killing of a dog caught chasing deer at any time of the year, on either public or private lands; or to prevent the killing of dogs by any officer em- powered to enforce the game laws of this Commonwealth when said dogs are pursuing game during the closed season for the training of dogs on game, providing said dogs are not under the immediate con- trol or accompanied by their owners or keepers, and also provided that legal notice has previously been given said owner or keeper as re- quired by the game laws of this Commonwealth. Sec. 37, Act of July 11, 1917,'P. L. 818. 1022. UNLAWFUL TO CONCEAL OR MISREPRESENT CERTAIN FACTS. It is unlawful for any person knowingly to make any false statement or to conceal any fact required to be dis- closed under any of the provisions of this act. Sec. 32, Act of July 11, 1917, P. L. 818. 1023. BURDEN OF PROOF AND PRESUMPTIONS OF EVIDENCE. In any proceedings under this act the burden of proof of the fact that a dog has been licensed, or has been imported for breeding, trial, or show purposes, or that a dog is under the age of six months, shall be on the owner of such dog. 437 Any 'dog not bearing a license tag shall prima facie be deemed to be unlicensed. Sec. 33, Act of July 11, 1917, P. L. 818. 1024. SECRETARY OF AGRICULTURE AND COUNTY COMMISSIONERS TO ENFORCE ACT. ASSISTANCE FROM STATE DEPARTMENTS, ETC. The Secretary of Agriculture, through his officers and agents, shall have the general supervision over the licensing and regulation of dogs and protection of livestock and poultry from damage by dogs in all counties of the Common- wealth. The commissioners of each county shall enforce, within their respective jurisdiction, the provisions of this act. To this end the Secretary of Agriculture may employ all proper means for the enforcement of this act. Any other State department, bureau, or commission may, on request of the Commissioner of Agriculture, as- sist in the enforcement of the provisions of this act. Sec. 34, Act of July 11, 1917, P. L. 818. 1025. VIOLATIONS OF ACT. PENALTY. FINES TO BE PAID INTO COUNTY TREASURY. Any person violating, or failing or refusing to comply with, any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be sen- tenced to pay a fine not exceeding one hundred dollars, or to undergo an imprisonment not exceeding three months, at the discretion of the court. All fines collected under the provisions of this act shall be forth- with paid to the treasurer of the proper county. Sec. 35, Act of July 11, 1917, P. L. 818. ■ 1026. SCOPE AND INTENT OF ACT. ACTS NOT AF- FECTED. This act is intended as a complete and uniform system throughout the Commonwealth for the licensing of dogs and the pro- tection of livestock and poultry from injury by dogs ; but nothing in this act shall interfere with any law for the protection and preserva- tion of game. Except where such acts or parts of acts are specifically repealed, this act does not repeal or affect any acts or parts of acts relating to mad dogs or dogs affected with any disease. Sec. .36, Act of July 11, 1917, P. L. 818. 1027. EFFECT OF UNCONSTITUTIONALITY OF PART OF ACT. In the event that any one or more of the provisions of this act should be decided to be unconstitutional, the court's decision hold- ing the same unconstitutional shall not affect the validity of the re- maining provisions of this act, it being the intention of the Legis- lature that the provisions of this act are severable. Sec. 38. Act of July 11, 1917. P. L. 818. 438 1Q28. POWERS AND DUTIES OF COMMISSIONERS AND OTHER OFFICERS NOT TO EXTEND TO CITIES OF THE FIRST AND SECOND CLASS. PROVISION FOR SUCH CITIES. The powers and duties given to and imposed upon county- commissioners and other officers by this act shall not extend to cities of the first and second class. In cities of the first and second class the power and duty to fix and collect the license fees provided in sec- tion four of this act, and issue license tags, and otherwise perform and carry out the provisions of this act within the limits of such cities shall be, and are hereby given to, and imposed upon the council or councils of each of said cities respectively. Sec. 39, Act of July 11, 1917, P. L. 818. 490 CHAPTER XII. EMINENT DOMAIN. NOTE: This chapter includes only general proceedings in condem- nation cases. For the right to condemn property and the procedure in the individual case, see the particular subject for which the property may be taken. Index Eminent Domain. 1029. PETITION FOR APPOINTMENT OF VIEWERS, EX- CEPT IN CERTAIN CASES, TO SPECIFY LIENS ON PROP- ERTY SOUGHT TO BE APPROPRIATED. In all proceedings hereafter instituted for the condemnation and appropriation of lapd and property by the exercise of the right of eminent domain, except- ing proceedings to ascertain damages and benefits by reason of muni- cipal, street, or sewer improvements, the petition for the appointment of viewers therein shall contain allegations specifying any judgments, mortgages, or other claims (hereinafter designated "liens") which are liens upon the land and property sought to be appropriated or con- demned, as aforesaid. Sec. 1, Act of June 28, 1917, P. L. 650, amending Sec. 1, Act of April 14, 1915, P. L. 122, as amended. Repealed as to townships by Act of July 14, 1917, P. L. 997. 1030. TESTIMONY AND EVIDENCE CONCERNING LIENS. Testimony shall be taken in said proceedings to ascertain the amounts of said liens, and the dates of the entry of the same, and the amounts of said liens and the dates of entry thereof, sKall be found as facts by the viewers in said proceedings. Certified lists of liens from the courts of the Commonwealth and the United States shall be prima facie evidence of the existence, dates, amounts, dates of entry, and places of record of said liens, and, unless modified or overcome by oral or documentary evidence, shall be conclusive upon the parties thereto, as to items just specified. Sec. 2, Act of April 14, 1915, P. L. 122. 1031. PROCEDURE, RIGHTS AND LIABILITIES WHERE LIENS EXIST. Where it appears that liens exist, as aforesaid, which are liens upon property sought to be condemned and appro- priated as aforesaid, a report of the facts found as aforesaid shall be made to the court having jurisdiction of the proceedings ; which re- port shall be subject to exceptions in manner to be regulated by the 440 Supreme Court by general rule, prescribed, amended, and published from time to time ; and upon the findings in relation to said liens be- ing finally found by said court having jurisdiction of said proceed" ings, said court shall make an order directing the payment and dis- tribution of the amount found to be payable as compensation to the parties entitled thereto : First to the owners of said liens, then to the owners of the property appropriated as aforesaid: Provided, how- ever. That the parties interested shall have the right of appeal from said order of distribution to the Superior and Supreme Courts of the Commonwealth, as shall be determined by the amount distributed to said parties respectively, in manner now provided by law. Payment in accordance with said order of distribution shall absolutely dis- charge the party making said payment from all claims, of whatsoever nature, by any person, firm, corporation, or claimant as against said property, when the payment thereof shall be evidenced by a receipt of record in said proceedings; and in said receipt and on the record thereof any claimant may reserve the right to pursue the owner of said property for any balance due upon his lien against any other property or assets of the said owner. Sec. 2, Act of June 11, 1915, P. L. 942, amending Sec. 3, Act of April 14, 1915, P. L. 122. 1032. TITLE TO VEST UPON PAYMENT ACCORDING TO PRECEDING SECTION. Upon payment of the compensation for land or property appropriated as aforesaid, in accordance with said order of distribution, title to the land or property appropriated shall vest in the taker thereof, in accordance with provisions of the law under which such appropriation is made, and all claims for compen- sation shall be deemed paid and satisfied as herein provided. Sec. 3, Act of June 11, 1915, P. L. 942, amending Sec. 4, Act of April 14, 191S, P. L. 122. 1033. CERTAIN TESTIMONY AUTHORIZED. In all pro- ceedings arising from the exercise of the right of eminent domain it shall be competent for all witnesses called, when duly qualified, to state their opinion as to the market value of the property before the exercise of the right of eminent domain and as unaffected by it, and its market value immediately after the exercise of the right of eminent domain and as affected thereby : — (a) To state in detail, and costs, all the elements of benefit or damage which they have taken into consideration in arriving at their opinion ; (b) In arriving at their opinion as to the market value im- mediately after the exercise of the right of eminent domain, to add to their opinion of the market value before such exercise the cost or 441 value of all the elements of benefit or advantage, and to deduct there- from all disadvantage or damage, in order to arrive at the market value after such exercise of the right of eminent domain and as af- fected thereby ; (c) In all proceedings to assess damages or benefits for the open- ing of any street, alley, or other highway, to take into consideration as one of the elements of advantage or disadvantage the cost of street improvements. Sec. 1, Act of April 21, 1915, P. L. 159. Repealed as to townships by Act of July 14, 1917, P. L. 996. 1034. VALUE OF PROPERTY AS ASSESSED FOR TAX- ATION MAY BE SHOWN AS DECLARATION AGAINST IN- TEREST. In all claims for damages against a county, [city, bor- ough, or township,] arising from the exercise of the right of eminent domain, it shall be competent for the party or parties claiming damages to offer in evidence, as a declaration against interest, the value of the property affected as assessed for the purpose of tax- ation. Sec. 2, Act of April 21, 1915, P. L. 159. Repealed as to townships by Act of July 14, 1917, P. L. 996. 1035. UNLAWFUL, EXCEPT IN CERTAIN CASES, TO ASSESS WHOLE OF DAMAGES ON ADJOINING PROP- ERTY. , In all cases of the appropriation of land for public use, other than for roads, streets or highways, it shall not be lawful to assess, apportion or charge the whole or any portion of the damage done to or value of the land so apportioned, to, among or against the other property adjoining or in the vicinity of the land so appropriated, nor the owners thereof. Sec. 1, Act of June 15, 1871, P. L. 391. This act was repealed so far as it relates to boroughs, by the Act of May 14, 1915, P. L. 312. Repealed as to townships by the Act of July 14, 1917, P. L. 964. 1036. TIME LIMIT FOR REPORT OF JURIES OF VIEW. EXTENSION OF TIME. Viewers, or juries of view, appointed by any court of this Commonwealth to assess the damages and benefits, due to the taking, injury or destruction of private property, in and by the construction or enlargement of any public work, highway or improvement, shall make their reports within -a time which said court shall fix when so appointing them : Provided, That if any of the viewers, or juries of view, so appointed, shall for any good and sufficient reason appearing to the court, be unable to file its report within the period so fixed, the said court may, in its discretion, either 442 before or after the expiration of the time fixed, extend the time for the filing of such report to suph a time as justice and the circum- stances of the case may demand. Sec. 1, Act of March 18, 1903, P. L. 28. Thic act was repealed so far a« it relates to boroughs, by tha Act ol May 14, 1915, P. L. 312. 1037. CONFIRMATION OF REPORT OF VIEW BY COURT WHEN NO EXCEPTIONS FILED. Whenever any report of yiewers, or juries of view, appointed by the court of quarter sessions of this Commonwealth to assess damages and benefits for the open- ing, widening, narrowing or vacating of any road, street or highway, or the taking of private property in and by the construction or en- largement of any public work, highway or improvement, shall have been filed, the same shall be confirmed by the court ©f quarter ses- sions to which the said report is made, at the expiration of thirty days from the date of the filing thereof, unless exceptions thereto have been filed within such time. S«c. 1, Act of March 27, 1903, P. L. 83. Rtpealcd as to boroughs by the Act of May 14, 1915, P. L. 312. 1038. CONFIRMATION OF REPORT. COLLECTION OF AWARDS. If no exceptions are filed within the time above pre- scribed, the report of the viewers, or jury of view, shall be confirmed by the court; and the party or parties to whom an award has been made, and from whose award no appeal has been taken, shall have the right to take such further appropriate legal proceedings as may be necessary and proper to enforce payment of said confirmed award, either in nature of a writ of mandamus, execution, or otherwise. Sec. 2, Act of March 27, 1903, P. L. 83. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. 1039. PARTIES MAY WAIVE USUAL PROCEDURE AND PROCEED AS ON AN APPEAL FROM REPORT OF VIEW- ERS IN CASE OF APPROPRIATIONS OF RIGHT OF WAY OR EASEMENT. That in any and every action brought to ascer- tain or recover damages caused to any owner of lands by reason of the appropriation of a right of way or easement in the lands of such owner by any municipal or other corporation invested with and hav- ing the right of eminent domain as now authorized by the laws of Pennsylvania, where such owner of lands and such municipal or other corporation cannot agree upon the amount of damage done or properly payable to said owner for the appropriation of a right of way or easement in said lands, the parties may, by agreement with each other, waive the right to have such damages assessed as is now 443 required by law. and such owner may thereupon file his statement and claim in the court of common pleas of the proper county and rule the defendant to plead thereto within fifteen days from notice of such rule, duly served upon said corporation, and the said suit shall be pro- ceeded with the same as if an award of viewers had been filed and an appeal had been taken therefrom. Sec. 1, Act of May 21, 1895, P. L. 89. It is doubtful whether this act applies to counties, as ordinarily the term "municipal corporation" does not include a county. In connec- tion with the privilege of taking private property for public use, how- ever, the Constitution uses the term in Art. XVI, Sec. 8, as very clearly including counties. It here seems to be used in the same sense. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. 1040. RIGHT TO HAVE JURY VIEW PREMISES. Either party to such action as is referred to in section one of this act shall have the right during the trial of such action, on motion to the judge presiding at such trial, to demand and have the jury which may be selected to try said cause visit and view the premises over or through which the right of way or easement mentioned in section one of this act may extend, before rendering a verdict in such case. Sec. 2, Act of May 21, 1895, P. L. 89. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. 1041. BOND TO SECURE PAYMENT OF DAMAGES. RIGHT OF IMMEDIATE POSSESSION. NOTICE TO OWN- ER OR TENANT. That when any municipality, [corporation, or company,] having the right to acquire lands, buildings or other prop- erty by virtue of the laws of eminent domain, has tendered a bond in sufficient sum to secure the owner or lessee for damages, and the same has been accepted, or, if the acceptance of said bond has been refused, and the same has been filed in and approved by the court, such mimicipality, [corporation, or company] shall have the right to immediate possession thereof. If the owner, lessee, or occupier shall refuse to remove his personal property therefrom, or give up pos- session thereof, the petitioner in the proceedings may serve written notice upon such owner, lessee, or his agent, or the occupier, to re- move his personal property therefrom, and give up possession of said lands, buildings or other property, within sixty days from the date of the service of said notice. Sec. 1, Act of June 7, 1907, P. L. 461, No. 310. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. Repealed as to townships by the Act of July 14, 1917, P. L. 981. 444 1042. WRIT OF HABERE FACIAS POSSESSIONEM TO IS- SUE. That if the owner, lessee, or occupier of said lands, buildings or other property shall refuse or neglect to remove his personal prop- erty therefrom and give possession thereof, upon proof of the service of the notice, specified in section one of this act, in the office of the prothonotary for the county in which said lands, buildings or other property is located, a writ of habere facias possessionem shall forth- with issue, directing the sheriff to give to the party entitled thereto full and peaceable possession as is provided for by existing laws. Sec. 2, Act of June 7, 1907, P. L. 461, No. 310. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. Repealed as to townships by the Act of July 14, 1917, P. L. 988. 445 CHAPTER XIII. GROUNDS AND BUILDINGS. (a) County Buildings. 1043. TITLE TO REAL ESTATE VESTED IN COUNTIES. The titles to all and singular the court houses, jails, prisons, and work- houses, together with the lots of land thereunto belonging or apper- taining in the several counties in this State, as they now are or here- tofore have been vested in any feoffees or trustees, or in the com- monwealth, or in the commissioners of the respective counties, or in any bodies politic or corporate, for the several use of the said coun- ties respectively, shall be and they are hereby declared to be vested in the respective counties for the use of the people thereof, and for no other use. Sec. 9, Act of April IS, 1834, P. L. 537. 1044. BUILDINGS TO BE KEPT IN ORDER AND REPAIR. ALTERING, ADDING TO OR ENLARGING. It shall be the duty of the commissioners of every county to keep and maintain the public buildings aforesaid of the county, in suitable and convenient order and repair, and it shall be lawful for them when necessary, having first obtained the approbation of the grand jury and of the court of Quarter Sessions of the county, to alter, add to, or enlarge such public buildings. Sec. 11, Act of April IS, 1834, P. L. 537. 1045. TEMPORARY COURT HOUSE. Whenever the court house or place appointed by law for holding any of the courts in any county of this commonwealth shall at any time be unsafe, shall have been destroyed or under repairs, it shall be the duty of the county commissioners of such county to procure some other convenient place at the county seat, to be approved by the court of said county, for holding such courts. Sec. 1, Act of April 24, 1879, P. L. 32, No. 28. 1046. ERECTION OF BUILDINGS FOR CERTAIN PUR- POSES AUTHORIZED. It shall be lawful for the commissioners of any county, having first obtained the approbation of two successive grand juries, and of the court of quarter sessions of such county, to 446 cause to be erected, at the seat of justice thereof, when occasion shall require such building or buildings as may be necessary for the accom- modation of the courts and of the several officers of the county, and for the reception and safe keeping of the records and other papers, in charge of such officers, and also such other building or buildings, as may be necessary and proper for the purposes of a county jail and workhouse, and if need be, to purchase ground fdr the erection of such buildings. Sec. 10, Act of April IS, 1834, P. L. 537. The Act of June 1, 1883, P. L. 58, as amended (three following sec- tions), superseded the provisions of the above section relating to the purchase of ground for buildings. It was intended to furnish not only a complete, but an exclusive method for the acquisition of land by the county for the purposes named in the act. Bennett t. Norton, 171 Pa. 221. 1047. PURCHASE OF GROUND AT COUNTY SEAT FOR CERTAIN PURPOSES AUTHORIZED. CONDEMNATION PROCEDURE. It shall be lawful for the county commissioners of any county on the report of two successive grand juries, heretofore or hereafter to be made, and the approval of the same by the court of quarter sessions of such county, that the necessities of the county rp- quire ground at the county-seat, for the purpose of the erection or ex- tension of such building or buildings as may be necessary for the accommodation of the courts, and of the several officers of the county, and for the reception and safe-keeping of the records and other papers in charge of such officers, and also other building or buildings as may be necessary and proper for the purposes of a county jail or work- house, or any or either of them, to purchase ground for the purposes aforesaid, subject to the approval of the president judge, or judges of the court of common pleas of the proper county ; and in case said ground, so selected by said commissioners for any of the purposes aforesaid, cannot be obtained by agreement with the owner or own- ers, or at a price reasonable in the estimation of said commissioners, or, by reason of the absence or legal incapacity of any such owner or owners, no such price or value can be agreed upon, the court of com- mon pleas of the proper county, on the application thereto by petition of the commissioners of said county requiring the said ground, shall appoint three discreet and disinterested freeholders of said county, and also appoint a time, not less than -twenty nor more than thirty days thereafter, for said viewers to meet, at or upon the premises so to be taken, for the purposes aforesaid ; of which time and place ten days' notice shall be given by the petitioners to the said viewers and the other party or parties ; and the said viewers having been first duly swora or affirmed faithfully, justly, and impartially to decide and true 447 report to make concerning all matters and things to be submitted to them and in relation to which they are authorized to inquire in pur- suance of the provisions of this act, and having viewed the premises, they shall return an accurate description of the grbund so proposed to be taken, with the improvements, if any, and estiinate and deter- mine the value of all and singular the estates or interest in the land or ground so proposed to be taken for any of the purposes aforesaid and to whom payable, and shall designate the owner or owners there- of, and make report thereof to the said court, and the report of said viewers, being filed in said court, either party within thirty days thereafter may file his, her, its or their appeal from said report to said court, and after such appeal either party may put the cause at issue in the form directed by said court, and the same shall then be tried by said court and a jury, and after final judgment either party may have a writ of error thereto from the Supreme Court in manner pre- scribed in other cases, and if any exceptions be filed with any appeal to the proceedings they shall be speedily disposed of, and if allowed a new view shall be ordered, and if disallowed the appeal shall pro- ceed as before provided; and if no appeal is taken or exceptions filed within the time aforesaid, the said report shall be confirmed abso- lutely, and judgment shall be entered against said county for the amount found to be due the owner or owners of the ground, so as aforesaid taken for any of the purposes aforesaid, and if the amount thereof be not paid within thirty days after the entry of such judg- ment to the parties entitled or into the said court, execution may then issue thereon as in other cases of debt against the said county, for the sums so awarded ; and the costs and expenses incurred shall be defrayeci by the said county, [and each of the said viewers shall be entitled to three dollars per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by said county ;] Provided, That it shall be lawful for said commissioners, in behalf of the county, by themselves, agents, or employes, during the pendency of said proceedings, to enter upon, take possession of, and occupy; and use said ground for any of the purposes aforesaid, having first filed and had approved by the court the bond hereinafter mentioned : Provided further. If said ground should have improve- ments thereon in the actual occupancy of any person or persons, and such person or persons as had his, her or their damages assessed as aforesaid, and paid, thirty days' notice to the party or parties so in actual possession shall be given to vacate the same, and in case of refusal or neglect on the part of any one to obey said notice, it shall be lawful for said commissioners, at the expiration of said thirty days, to enter upon and eject, or cause to be ejected, any of the parties »o 448 refusing or neglecting to vacate, and to use force enough, by them- selves, agents, or employes, to accomplish the same. Sec. 1, Act of June 19, 1911, P. L. 1039, amending Sec. 1, Act of June 1, 1883, P. L. 58. The provisions of this section with regard to the appointment, pro- cedure and pay of viewers is largely supplied by the Act of June 23, 1911, P. L. 1123 (Sees. 538 to 546 and 173 above). The viewers are now appointed from the board created by that act. See also note to preceding section. 1048. TITLE TO VEST IN COUNTY UPON PAYMENT. EVIDENCE OF TITLE. Upon the value of said ground being finally and definitely ascertained, fixed and established, and the pay- ment of the same to the party or parties severally entitled thereto, who shall have executed conveyances to the said county of their re- spective interest in the ground or lands so taken, or in case of the dis- ability, neglect or refusal of any person or persons interested to make such conveyance, then upon payment into court of the sums of money so found to be due such person or persons respectively, the title to the land or ground, and estates or other interests therein thus paid for, shall become vested in fee in the said county so requiring and taking said land or ground, of which the conveyances from the said parties, or an exemplification of the record of the said court in the premises, shall be the proper and sufficient evidence. Ses. 2, Act of June 1, 1883, P. L. 58. 1049. BOND TO BE GIVEN IN CASE OF DISAGREEMENT, ETC. PROCEDURE WHEN BOND IS NOT ACCEPTED. In all cases where the said county commissioners, and the owner or owners of said ground, cannot agree upon the price or value of said ground, or by reason of the absence or legal incapacity of s'uch owner or owners, no such agreement can be made for said ground, the said county, by its commissioners, shall tender a bond, with at least two sufficient sureties, to the owner or owners of said ground or to the at- torney or agent of any owner absent, or to the guardian or committee of any one under legal incapacity, the condition of which shall be, that the said county will pay or cause to be paid such amount as. the owner or owner? shall be entitled to receive for said ground, after the same shall have been agreed upon by the said county commis- sioners and owner or owners of said ground, or ascertained in the manner provided for by this act: Provided, That in case the said owner or owners refuse or do not accept the said bond as tendered the said county commissioners shall then give the said owner or owners a written notice of the time when the same will be presented for filing in said court, and thereafter the said county cpromissioners may pre- 449 sent said bond to the said court; and if the bond and sureties are ap- proved, the bond shall be filed in said court, for the benefit of those interested, and recovery may be had thereon, for the value of said ground, as ascertained by said viewers or finally fixed and estab- lished by the proceedings aforesaid, if the same be not paid, or can- not be made by execution on the judgment in the issue formed to try the question of the value of said ground ; and on the approval of said bond the said county commissioners may lawfully enter upon, and take possession of, said ground, on complying with the aforesaid pro- visions of this act : [Provided, That this act shall not apply to coun- ties containing cities coextensive with the county.] Sec. 3, Act of June 1, 1883, P. L. S8. The portion of this section enclosed in brackets was repealed by Sc. 1, Act of April 26, 1889, P. L. 55. 1050. COUNTY TO PAY MONEY INTO COURT IN CASE OF ADVERSE CLAIMS. PROCEDURE. IN CASE OF AP- PEAL, BOND TO BE GIVEN. If any person or persons shall claim adversely to each other, any estate or interest in the ground selected by the commissioners of any county for the purposes men- tioned in the act to which this is a supplement, and the viewers shall not be able to determine who are the owner or owners of said premises, or the value of their estates and interests therein, they shall so report, valuing the ground as a whole, and upon the confirmation by the court of the report of said viewers, if no appeal shall be taken therefrom, the commssioners of the proper county shall pay into the court the whole of the said valuation money, and thereupon the title to the land or ground, and the estates and interests of all the owners thereof, shall become vested in fee in the county requiring and tak- ing said ground ; and the court of common pleas of the said county shall, by rule, process or motion, require of all the said claimants to appear therein, and may, by an issue framed between them to be tried bj"- a jury, or by a reference to a master, or by such orders and de- cisions as shall appear to be just under all the circumstances of the case, determine the estates and interests of said claimants in said ground or valuation money, and upon the final determination of such proceeding, shall direct the said valuation money to be paid to the person or persons ascertained to be entitled thereto. In case any of said claimants shall appeal from the award of said viewers, the said county commissioners may, upon filing in the said court, and having approved thereby, a bond in double amount of said award to the said owners and claimants for the benefit of the persons owning said ground, with at least two sufficient sureties, conditioned for the pay- ment by the county of such an amount as the owner or owners shall 29 450 be entitled to receive for said ground, when the same! shall have been finally ascertained by due course of law, lawfully enter upon and take possession of said ground, and the said court shall thereupon pro- ceed to determine the estates and interests of said claimants in said ground, as is hereinbefore provided, when the valuation money is paid into court. Which said proceeding shall be finally determined before the issue framed upon the said appeal shall be tried, and if it be determined that the party appellant has no estate or interest in said ground, his appeal shall be disallowed. Sec. 2, Act of Ai^ril 26, 1889, P. L. 55. This act is a supplement to the Act of June 1, 1883, P. L. 58 (preced- ing three sections). Sec. 1 of the act is a repealing clause only. See note to preceding section. 1051. DISCOVERY CONDUCT IN AND ABOUT COURT- HOUSES AND JAILS PROHIBITED. From and after the pas- sage of this act it shall be unlawful for any person to cause any out- cry or disorder, or be guilty of any indecent or unbecoming con- duct, tending to disturb the peace and good order which should pre- vail in the said county court-houses and jails, or to wilfully or care- lessly defile, deface or injure the floors, walls or any portion of said buildings or fences or railings surrounding the same, or the carpets, furniture or other articles or things used in or about said buildings belonging to the said several counties, by cutting, breaking or other- wise. Sec. 1, Act of May 9, 1889, P. L. 139, No. 157. 1052. VIOLATION. PENALTY. Any violation of this act shall be deemed and taken to be disorderly conduct, and be punished by a fine not exceeding ten dollars, to be imposed upon the person so offending, and in case he or she shall neglect or refuse to pay the same, he or she shall suffer an imprisonment not exceeding thirty days, in the county jail, to be fixed at the discretion of the magistrate ':j before whom the trial shall be held. i Sec. 2, Act of May 9, 1889, P. L. 139, No. 157. 1053. TRIAL BY SUMMARY CONVICTION. RIGHT OF APPEAL. The trial under the provisions of this act shall be by sum- mary proceedings, and in case of conviction hereunder the person so convicted shall be entitled to an appeal to the court of quarter ses- sions of the proper county, in accordance with the provisions of the first section of the act of April seventeen, one thousand eight hundred and seventy-six, entitled "An act relating to appeals in cases of sum- mary convictions." Sec 4, Act of May 9, 1889, P. L. 139, No. 157. 451 1054. APPOINTMENT OF WATCHMEN. POWERS AND DUTIES. Said commissioners are hereby authorized to appoint one or more officers or watchmen, as may be necessary, for guarding and protecting said buildings and enforcing the provisions of this act, who shall have power to arrest, on view, any person violating the same, and take him or her as soon as reasonably practicable, before some justice of the peace or alderman of the city or town in which said buildings shall be located, for trial. Sec. 3, Act of May 9, 1889, P. L. 139, No. 157. loss. EMPLOYMENT AND COMPENSATION OF COURT HOUSE EMPLOYES. Hereafter all janitors, firemen, engineers, mechanics, laborers and caretakers of court houses and grounds within this commonwealth shall be employed by the county commis- sioners of the several counties, and shall be paid such compensation as shall be fixed by said commissioners out of the funds of the re- spective counties. Sec. 1, Act of June 24, 1895, P. L. 236, No. 136. The compensation of these employes are probably now fixed by the salary board in counties between 1,500,000 and 300,000 population. See Sees. 176 to 181 above. 1056. PRISON LABOR ON GROUNDS AND BUILDINGS AUTHORIZED. COMPENSATION TO SHERIFF. All persons sentenced to simple imprisonment, for any period of time, in the county jails may be required to perform such labor, in the custody of the sheriff about the county buildings and upon the grounds and property of the county as the commissioners of the county in which the prisoners are confined may specify, and the said commissioners are authorized to allow and pay from the moneys of the county, to the sheriff, for his services in guarding such prisoners while so em- ployed, compensation not. to exceed twenty-five cents per hour. Part of Sec. 1, Act of June 26, 1895, P. L. 374, amending Sec. 75, Act of March 31, 1860, P. L. 427. 1057. DISPLAY OF MUNICIPAL FLAGS ON COUNTY BUILDINGS AUTHORIZED. That after the approval of this act it shall be lawful to display the flag of any county, city, borough, or other municipality in the State on the public buildings of any county, I city, borough, or other municipality] of the State. Sec. 2, Act of June S, 1913, P. L. 419. Sec. 1 of this act relates to Stale buildings. 1058. FURNISHING ROOMS FOR MEETINGS OF VET- ERANS OF CERTAIN WARS AND OF SONS OF VETERANS. Each county, [city, and borough] may, in their discretion, upon ap- 452 plication therefor, furnish to each organization composed of veterans of the Civil War, veterans of the Spanish-American War, veterans of the War with Germany and Aiistria, veterans of any foreign war, and sons of veterans, a room or rooms in any public building of such county, [city, or borough,] sufficient for the meeting of each of such organizations at least once each month. Sec. 1, Act of July 8, 1919, P. L. 784. (b) Contracts for Public Work. 1059. PLANS OF BUILDINGS TO BE SUBMITTED TO COURT. LETTING OF CONTRACT. NOTICE. AP- PROVAL. That whenever the commissioners of any county are authorized and required to erect a court house, jail or other county building, they shall submit the plans and specifications adopted by them to the judges of the court of common pleas of the proper county for their approval and when it is obtained they shall let the work by contract to the lowest and best bidder, after three weeks' public notice in two newspapers published in the county, which contract or contracts shall be made subject to the approval of the said judges. Sec. 1, Act of April 19, 189S, P. L. 38, No. 24. For further provisions as to the letting of contracts in certain counties, see Sees. 620 and 626 above. 1060. LIST OF QUANTITIES OF MATERIALS REQUIRED FOR BUILDINGS. Hereafter in the letting of contracts for the erection and construction of any public building when plans and specifications for same shall be submitted for bids, the same shall be accompanied by a bill or list of quantities of materials required for such buildings, to be prepared and furnished by the architect or en- gineer preparing the plans, which bill or list shall be attached to the specifications, and shall be for a guide to bidders in making their estimates of materials required, and a means by which bidders may test their own estimates : Provided, however. That the correctness of such bill or list of materials shall not be taken as being guar- anteed by the authorities submitting such plans and specifications for bids. Sec. 1, Act of July 2, 1895, P. L. 426, No. 304. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. Repealed as to townships by the Act of July 14, 1917, P. L. 970. 1061. SEPARATE SPECIFICATIONS AND CONTRACTS FOR CERTAIN ITEMS IN ERECTION, ETC., OF PUBLIC BUILDINGS WHEN ENTIRE COST EXCEEDS $1,000. Here- after in the preparation of specifications for the erection, construe- 453 tion, and alteration of any public building, when the entire cost of such work shall exceed one thousand dollars, it shall be the duty of the architect, engineer, or other person preparing such specifications, to prepare separate specifications for the plumbing, heating, ventila- ting, and electrical work; and it shall be the duty of the person or persons authorized to enter into contracts for the erection, construc- tion, or alteration of such public buildings to receive separate bids upon each of the said branches of work, and to award the contract for the same to the lowest responsible bidder for each of said branches. Sec. 1, Act of May 1, 1913, P. L. 155. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312. Repealed as to townships by the Act of July 14, 1917, P. L. 990. 1062. ADDITIONAL BOND TO PROTECT LABOR AND MATERIAL-MEN ON CONTRACTS. All counties, [cities, bor- oughs, towns, townships, school districts, and poor districts] shall, in the improvement of lands, or in the erection, alteration, addition, or repair of edifices and public buildings, of any kind, in said districts have the power to require of the contractor or contractors, employed in and about said improvements, an additional bond, with sufficient surety or sureties, providing for the payment of all labor and material entering into the said improvements. Sec. 1, Act of May 10, 1917, P. L. 158, No. 90. 1063. RIGHT OF ACTION ON BOND IN LABOR AND MA- TERIAL-MEN. The labor and material-men furnishing labor and material in and for said improvements, upon the contract of said con- tractor, shall have the right according to law to sue in an action of assumpsit, in the name of the obligee for his or their use, upon said bond, upon proof of said contractor's failure to pay for said labor or material. Sec. 2, Act of May 10, 1917, P. L. 158, No. 90. 1064. CONTRACTS INVOLVING EMPLOYMENT OF LABOR TO CONTAIN CLAUSE FOR ADOPTION OF WORK- INGMEN'S COMPENSATION ACT OF 1915, OR FILING OF CERTIFICATE OF EXEMPTION FROM INSURANCE. All contracts executed [by the Commonwealth of Pennsylvania, or any officer or bureau or department thereof, on behalf of the said Com- monwealth, or by any municipality, or any officer or bureau or board thereof, or] by any municipal division or subdivision of the Common- wealth, which contracts shall involve the construction or doing of any work involving the employment of labor, shall contain a pro- vision that the contractor shall accept, in so far as the work covered 454 by any such contract is concerned, the provisions of the Working- men's Compensation Act of 1915, and any supplements or amend- ments thereto which may hereafter be passed, and that the said con- tractor will insure his liability thereunder, or file with the [Com- monwealth, or the municipal corporation or] board with whom the contract is made, a certificate of exemption from insurance from the Bureau of Workingmen's Compensation of the Department of Labor and Industry. Sec. 1, Act of July 18, 1917, P. L. 1083, No. 359. 1065. PROOF OF ACCEPTANCE OF ACT OR EXEMPTION FROM INSURANCE TO PRECEDE EXECUTION OF CON- TRACT. Every officer of [the Commonwealth of Pennsylvania, or any bureau or department thereof, or of any municipality, or any bureau or department thereof, or] any municipal division or sub- division of this Commonwealth, who shall sign, on behalf of the said [Commonwealth or any municipality thereof, or any] municipal di- vision or subdivision thereof, any contract requiring in its perform- ance the employment of labor, shall require, before the said contract shall be signed, proof that the said contractor with whom the con- tract is made shall have accepted the Workingmen's Compensation Act of 191 5, and any supplements or amendments thereto which may be hereafter passed, and proof that the said contractor has insured his liability thereunder in accordance with the terms of the said act, or that the said contractor has had issued to him a certificate of ex- emption from insurance from the Bureau of Workmen's Compensa- tion of the Department of Labor and Industry. Sec. 2, Act of July 18, 1917, P. L. 1083, No. 359. 1066. VIOLATION OF ACT TO INVALIDATE CONTRACT. Any contract executed in violation of the provisions of this act shall be null and void. ,_ Sec. 3, Act of July 18, 1917, P. L. 1083, No. 359. 1067. CITIZENS ONLY TO BE EMPLOYED ON PUBLIC WORKS. EXCEPTIONS. None but citizens of the United States shall be employed in any capacity in the erection, enlargement cr improvement of any public building or public work within this commonwealth: Provided, That apprentices to a trade or profes- sion who may be under twenty-one years of age shall not be subject to the provisions of this act : Provided, That the provisions of this act shall not apply to public work where the cost thereof is paid in whole or in part from assessments of benefits. Sec. 1, Act of June 24, 1895, P. L. 269, No. 182. 455 1068. CONTRACT FOR PUBLIC WORK TO CONTAIN STIPULATION THAT PRECEDING SECTION WILL BE COMPLIED WITH. The person or persons who may be by law empowered to enter into a contract for the erection, enlargement or improvement of any public building or public work shall insert in such a contract a stipulation or covenant that the provisions of sec- tion one of this act will be fully complied with. Sec. 2, Act of June 24, 1895, P. L. 269, No. 182. 1069. COUNTY MAY REQUIRE PUBLIC WORK DONE WITHIN CERTAIN TERRITORIAL LIMITS. It shall be law- ful for any [city,] county, [township, borough, or other municipal di- visions or subdivision] of the Commonwealth, in the construction of any building or the performance of any public work, to provide, by ordinance, municipal regulation, or contract, that any portion or all of the work on the said building, or the work on the said public im- provement, shall be done within the territorial limits of the said city, county, township, borough, or other municipal division or subdi- vision for which the said work is being performed. Sec. 1, Act of July 6, 1917, P. L. 752. 1070. CERTAIN ORDINANCES, REGULATIONS AND CONTRACTS VALIDATED. All ordinances, regulations, or con- tracts heretofore enacted, made, or executed by any [city,] county, [township, borough, or other municipal division or subdivision] of the Commonwealth, providing that all or any portion of any public work, done for said [city,] county, [township, borough, or other municipal division or subdivision,] shall be done within the terri- torial limits of the said [city,] county, [township, borough, or other municipal division or subdivision,] are hereby validated : Provided, however. That in all other respects the said ordinance, regulation, or contract is in accordance with the existing law. Sec. 2, Act of July 6, 1917, P. L. 752. (c) Joint County and Municipal Action on Buildings. (See also Sees. 1089 and 1096 below.) 1. Joint County and Municipal Buildings under Act of April 18, 1913, P. L. 96. 1071. JOINT BUILDING AUTHORIZED. OWNERSHIP, OCCUPANCY, USE AND CONTROL OF LAND BUILDING AND APPURTENANCES. In each county of this Common- wealth, where the county-seat is within the limits of any city, the county commissioners and the proper corporate authorities of such 456 city shall have the power and they are hereby authorized, to agree upon a site within the limits of such city, and to erect thereon a joint county and municipal building, to be used by the county for court house and other purposes, and to be used by the city for muni- cipal purposes. The land upon which said building shall be erected shall be owned in severalty by such county and city; and the part of such building which shall stand upon the land owned in severalty by the county shall belong in severalty to the county, and the part of such build- ing which shall stand upon the land owned in severalty by the city shall belong in severalty tp the city. The county commissioners of such county and the corporate authorities of such city shall choose such site, and shall determine the parts of the land so chosen which shall be owned in severalty by each ; and when this has been done, and the erection of such joint building has been agreed upon, they shall agree upon and adopt plans for such joint building. The building may be so designed and constructed that part of the build- ing on the land owned by each shall be used by each, respectively; or the building may be so designed and constructed as to permit of the use by the county of any portion or portions of the part of the building owned by the city, and likewise to permit of the use by the city of any portion or portions of the part of the building owned by the county; and, whether so specially designed or not, the county commissioners and corporate authorities of such city shall have the power, and they are hereby- authorized, to permit of the use by the county of any portion or portions of the part of the building owned by the city, and likewise to permit of the use by the city of any por- tion or portions of the part of the building owned by the county, upon such terms and conditions as may be in the judgment of the county commissioners and the corporate authorities just and reasonable. The building shall be so constructed as to permit of an apportion- ment of the cost of the part thereof owned respectively by such county and city, and the building shall be paid for in accordance with such apportionment. The county commissioners of such county and the corporate au- thorities of such city may provide that the corridors, stairways, and elevators be used in common by both county and city. They may install for the whole building a single system of lighting, heat, venti- lation, and plumbing, and for other general equipment, which shall be used in common by the county and city. They may provide that the mechanical plants and power plants necessary for the ^'levators, lighting, heating, ventilating, plumbing, and cleaning, and the plants necessary for all other general equipment, be located partly in a portion of the part of the building owned by each, or that such 457 plants or general equipment be located wholly in the part of the building owned by the county, or wholly in the part of the building owned by the city, in ^uch a manner as to conveniently serve all portions of the building; and such plants or general equipment shall be considered and regarded as fixtures for the use and benefit of the whole building, and shall be paid for by the county and city in such equitable proportions as the county commissioners and proper executive officers of such, city shall agree upon. If, however, the county commissioners and the corporate authorities of such city do not deem it advisable to provide such plants, or any of them, they may secure light, heat, or power 'for said building in such manner as to them may seem most advantageous; and may for said purposes, either jointly or separately, acquire other land in the vicinity of the joint county and municipal building, and construct thereon, or on land belonging to either or both, jointly or separately, mechanical plants and power plants for the purpose of supplying light, heat, and power to said joint building. The same to be supplied at such terms and conditions as may be, in the judgment of the county com- missioners and the corporate authorities, just and reasonable. The administration, maintenance, control, and operation of such joint building shall be, and is hereby vested, in the county commis- sioners and the proper executive officers of such city; and they shall exercise the powers and rights in relation thereto in such manner as the county commissioners and the proper executive officers of such city may, from time to time, agree upon. Sec. 1, Act of March 26, 191S, P. L. 12, amending Sec. 1, Act of April 18, 1913, P. L. 96. 1072. SITE MAY BE LAND OWNED EITHER BY COUNTY OR BY CITY. CONVEYANCE OF AND PAYMENT FOR PART OF SUCH LAND. It shall be lawful, and the county com- missioners and the corporate authorities of such city are hereby authorized and empowered, to choose for the site of such joint county and municipal building land owned and held by the county, or land owned and held by the city. Whenever the site chosen, as afore- said, consists of land owned and held by the county, it shall be law- ful for the county commissioners of such county, and they are hereby authorized and empowered, to convey in fee to such city, at private sale and upon a fair valuation, so much of said land as may be necessary for the purpose of erecting the portion of the joint build- ing to be owned by the city. It shall be lawful for the corporate officials of such city, and they are hereby authorized and empowered, tb pay in cash for said land, or, in their discretion, to convey in fee to the county, at private sale and at a fair valuation, in exchange for the conveyance to the city of the land aforesaid, any land owned by the 458 city, which, in the estimation of the corporate authorites of such city, is not needed for municipal purposes. The land, or any part thereof, so conveyed to the county, may be held and used by the county for county purposes; or, if in the estimation of the county commissoiners it is not needed for such purposes, it may be sold by the county commissioners at either public or private sale. Whenever the site chosen, as aforesaid, consists of land owned and held by the city, it shall be lawful for the corporate authorities of such city, and they are hereby authorized and empowered, to convey in fee to such county, at private sale and upon a fair valuation, so much of said land as may be necessary for the purpose of erecting thereon the portion of the joint building to be owned by the county. It shall also be lawful for the county commissioners of such county, and they are hereby authorized and empowered, to pay in cash for said land, or, in their discretion, to convey in fee to the city, at private sale and upon a fair valuation, in exchange for the conveyance to the county of the land aforesaid, any land owned by the county, which, in the estimation of the county commissioners, is not needed for county purposes. The land, or any part thereof, so conveyed to the city, may be held and used by the city for municipal purposes ; or, if in the estimation of the corporate authorities of such city it is not needed for such purposes, it may be sold by the cor- porate authorities of such city at either public or private sale. Sec. 2, Act of March 26, 1915, P. L. 12, amending Sec. 2, Act of April 18, 1913, P. L. 96. 1073. SALES OF LAND AND PLAN OF BUILDING SUB- JECT TO APPROVAL OF COURT. ERECTION OF BUILD- ING. CONTRACTS THEREFOR. Any sale or conveyance of land made pursuant to the provisions of this act shall be subject to the approval of the majority of the judges of the court of common pleas of the proper county, of the price agreed to be paid therefor, and the terms and conditions thereof. The county commissioners shall also submit to the judges aforesaid, for their approval, the plans adopted for the part of the building to be owned by the county, and also the portion of the building, if any, to be used by the county, in the part to be owned by such city; and when such approval is ob- tained the county commissioners shall have full authority to erect the part to be owned by the county, in conjunction with the erectiop by the city of the part to be owned by the city, on the site choseipi, and in the manner aforesaid. The county commissioners and the corporate authorities, for the construction of such building, are au- thorized and empowered to enter into a joint contract for the pay- ment of the whole, or a several contract for the payment by each of their proportionate share, of the cost of such building; and they are 459 further authorized and empowered to make such other agreements, and to do such other acts, as may be necessary to fully exercise the powers herein conferred. Sec. 3, Act. of March 26, 191S, P. ^^12, amending Sec. 3, Act of April 18, 1913, P. L. 96. 1074. PURCHASE OR CONDEMNATION OF AD- DITIONAL LAND AUTHORIZED. If it shall be deemed neces- sary to acquire additional land for such site, the county, in case the site is chosen on the land of the county, or if the site chosen is on the land of the city, then the city, is authorized and empowered to acquire by purchase or condemnation such additional land. The right of eminent domain herein conferred upon the county shall be exercised in the manner provided by the act of Assembly of June first, one thousand eight hundred and eighty-three, (sections 1047 tc 1049 above,) authorizing the county commissioners of any county to acquire ground at the county-seat for the purpose of the erection or extension of such building as may be necessary for the "accommoda- tion of the courts and the several officers of the county. The right of eminent domain herein conferred upon the city shall be exercised in the manner provided by law for the acquisition of real estate within the city limits for the erection of municipal buildings. Sec. 4, Act of April 18, 1913, P. L. 96. 1075. INCREASE OF INDEBTEDNESS AND BOND ISSUE AUTHORIZED WHEN LAND CHOSEN IS OWNED BY COUNTY. PURPOSES. In case the site chosen for such joint municipal building is in land owned and held by the county, it shall be lawful for the county commissioners of such county, and they are hereby authorized and empowered, to incur or increase the in- debtedness of the county to an amount sufficient to pay for the cost of the erection of the portion of the building selected by the county and the land upon which it is erected, and any additional land ac- quired by the county by purchase or condemnation for such site, as well as the unpaid balance of any purchase money on land herein authorized to be conveyed by the county to the city, by issuing coupon bonds in sums of not less than one hundred dollars, each bearing interest at the rate not exceeding five (5) per centum per annum, and the principal thereof reimbursable at a period not exceed- ing thirty years from the date at which the same are authorized. Sec. 5, Act of April 18, 1913, P. L. 96. 460 2. Joint County and Municipal Buildings under Act of May 8, 1919, P. L. 130. 1076. ACQUISITION OF SITE AND ERECTION OF BUILDING AUTHORIZED. PLANS. APPROVAL OF COURT OF COMMON PLEAS. In each county in this Common- wealth where the county-seat is within the limits of any city, the county commissioners and the corporate authorities of such city shall have the power, and they are hereby authorized, to agree upon a site within the limits of such city, to acquire, own and hold the same as tenants in common, and to erect thereon a joint county and municipal building or buildings, to be used by the county for court- house and other county purposes and by the city for municipal pur- poses. The county commissioners and the corpot'ftte authorities of such city shall agree upon and adopt plans for tuch building or buildings, and, upon the approval of such plans by^ the court of common pleas of such county, the county commissioners and the corporate authorities of such city shall have full authority to erect, upon the land thus obtained and held, the building or buildings so adopted and approved. Sec. 1, Act of May 8, 1919, P. L. 130. 1077. SITE MAY BE LAND OWNED EITHER BY COUNTY OR BY CITY. CONVEYANCE OF AND PAYMENT FOR PART OF SUCH LAND. It shall be lawful, and the county com- missioners and the corporate authorities of such city are hereby au- thorized and empowered, to choose, for the site of such joint county and municipal building or buildings, land owned and held by the county, or land owned and held by the city. Whenever the site, chosen as aforesaid, consists of land owned and held by the county, it shall be lawful for the county commissioners of such county, and they are hereby authorized and empowered, to convey in fee to such city, at private sale and upon a fair valuation, such an undivided in- terest therein as may be agreed upon. It shall be lawful for the corporate authorities of such city, and they are hereby authorized and empowered, to pay in cash for such undivided interest, or, in their discretion, to convey in fee to the county, at private sale and'at a fair valuation, in exchange for the conveyance to the city of the undivided interest aforesaid, any land owned by the city which, in the estimation of the corporate authorities of such city, is not needed for municipal purposes. The land, or any part thereof, so conveyed to the county, may be held and used by the county for county pur- poses, or, if in the estimation of the county commissioners it is not needed for such purposes, it may be sold by the county commis- sioners at either public or private sale. 461 Whenever the site, chosen as aforesaid, consists of land owned and held by the city, it shall be lawful for the corporate authorities of such city, and they are hereby authorized and empowered, to con- vey in fee to such county, at private sale and upon a fair valuation, such an undivided interest therein as may be agreed upon. It shall also be lawful for the county commissioners of such county, and they are hereby authorized and empowered, to pay in cash for such un- divided interest, or, in their discretion, to convey in fee to the city, at ■ private sale and upon a fair valuation, in exchange for the convey- ance to the county of the undivided interest aforesaid, any land owned by the county which, in the estimation of the county com- missioners, is not needed for county purposes. The land, or any part thereof, so conveyed to the city, may be held and used by the city for municipal purposes, or, if in the estimation of the corporate authorites of such city it is not needed for such purposes, it may be sold by the corporate authorities of such city at either public or private sale. Sec. 2, Act of May 8, 1919, P. L. 130. 1078. SALES OF LAND SUBJECT TO APPROVAL OF COURT. AGREEMENTS AS TO PAYMENT OF EXPENSES AND USE OF BUILDING. ARBITRATION ON FAILURE TO AGREE. Any sale or conveyance of land or interest therein made pursuant to the provisions of this act, shall be subject to the ap- proval of the court of common pleas of the proper county of the price agreed to be paid therefor and the terms and conditions thereof. The county commissioners and the corporate authorities of such city, for the construction of such building or buildings, are authorized and empowered to enter into a joint contract or contracts, and agree- ment or agreements, for the payment by each of its proportionate share of the cost of the construction, maintenance, and operation of such building or buildings, with the right to provide in such agree- ment or agreements for the modification, from time to time, of the proportionate parts of the cost of maintenance and operation, as the county or city in fact uses a greater or lesser part of the building or buildings, to be apportioned upon the floor space occupied, or otherwise equitably determined. The county commissioners and the corporate authorities of such city are further authorized and em- powered to agree between/ them as to the manner, and to what ex- tent, each sliall occupy the joint building or buildings so erected, and to make such other agreements, and do such other acts, as may be necessary to fully exercise the powers herein conferred. In the event that the county commissioners and the corporate au- thorities of such city are unable to agree upon the proportionate parts of the cost of construction, maintenance, and operation of such 462 joint building or buildings to be paid by each, or upon any modifica- tion thereof which may be necessary from time to time, the question or questions shall, on motion of either party, be submitted to a board of arbirators. one to be chosen by the county commissioners, and one by the corporate authorities of such city, and, if the two thus chosen are unable to agree, a third arbitrator shall be selected by them, the decision of a majority thereof, or of the original two, to be final and conclusive upon both the county commissioners and the corporate authorites of such city, without right of appeal. The expenses of such arbitration shall be borne equally by the county and the city, and the compensation of each arbitrator shall not exceed ten dollars per day for each day actually devoted to the duties of his appoint- ment. Sec. 3, Act of May 8, 1919, P. L. 130. 1079. PURCHASE OR CONDEMNATION OF ADDITIONAL LAND AUTHORIZED. PROCEDURE ON CONDEMNATION. If it shall be deemed necessary by the county commissioners and the corporate authorities of such city to acquire land for such build- ing or buildings, then such county commissioners and corporate au- thorities are hereby vested with the necessary power and authority to acquire, in the name of such county and city, in such proportions of undivided interest as may be agreed upon, by purchase, condem- nation, or otherwise, any and all such real estate, either vacant or occupied, as the respective authorities may deem necessary to furnish a suitable site or sites for such building or buildings, and to sell, con- vey, transfer, dispose of, or abandon the same, or any part thereof, as the county commissioners and the corporate authorities of such city may determine. Whenever the county commissioners and the corporate authori- ties of such city cannot agree on the terms of their purchase with the owner or owners of any real estate that has been selected as afore- said, such county commissioners and corporate authorities, after hav- ing decided upon the amount and location thereof, may enter upon, take possession of, and occupy such land as may have been selected, and designate and mark the boundary lines thereof, and thereafter may use the same for the purposes authorized by this act. The funds which are raised by taxation in such county and city shall be pledged, and hereby are made security, to the owner or own- ers of any property taken for the purposes aforesaid for all damages they may sustain on account of the taking of such property. The title to all real estate acquired by condemnation proceedings, as herein provided for, shall be vested in such county and city in fee simple. 463 When the county commissioners and the corporate authorities of such city shall enter upon and occupy lands for the purposes herein authoi'ized, they, or the owners of such premises or any one of them in behalf of all of them, may present a petition to the court of com- mon pleas of the county in which such land is situated, setting forth the facts, giving a description of the premises taken by metes and bounds, and the names of all the owners thereof; whereupon the said court shall appoint a jury of viewers, and shall fix a time for a hearing, when they shall view the said premises. Said time shall not be less than ten nor more than thirty days after their said appoint- ment, of which time and place, five days' notice shall be given by the petitioners to said viewers and other parties interested. If on ac- count of nonresidence, or for any other reason, personal notice can- not be given, notice of such view shall be given as the court may direct. At the same time and placed (place) fixed for the said view, the said viewers, having first been duly sworn or affirmed to perform their duties with fidelity and according to law, shall view and ex- amine the premises so taken, and, after hearing such parties as may desire to be heard, shall decide and make a true report to said court concerning the matters set forth in such petition and submitted to them, and, taking into consideration the quality and location of, and improvement upon, the land so taken and occupied, and taking into consideration the damages sustained and the benefits accruing, shall estimate and determine what amount of damages, if any, have been sustained by the owners of such premises by reason of the taking of said land, and to whom payable, if they can ascertain the legal own- ers thereof. Such hearing may be adjourned from time to time as such viewers may direct, and the said county commissioners and corporate authorities and the parties interested shall have at least five-days' notice of the filing of such report. If the actual owner of such premises, or any part thereof, by reason of nonresidence or otherwise cannot be notified, notice of the filing of such report shall be given as directed by the court. If no exceptions are filed to, or appeal taken from, said report, by any party interested, within thirty days after the filing thereof, the same shall be confirmed absolutely by the court, and the amount therein awarded to any person shall be a valid debt and obligation of such county and city, in the'proportions of the interest acquired by each, collectible as provided by law. If on account of any liens existing against such premises, or if the actual owners thereof cannot be found, or if the owners^ or any of them, refuse the amount awarded by such report, or if for any other reason the said county commissioners and corporate authorities can- not pay the sum awarded for such damages to the persons legally 464 entitled thereto, they may pay the same into court, and thereafter the owners of such premises, or its lien creditors, shall look to said fund for all damages accruing to them on account of the taking of said property. Exceptions to, or appeals from, said report shall be disposed of according to the rules of said court. All costs and witness fees in any such case shall be borne equally by the county and city : Provided, That in cases where an appeal is taken by any property owners from the award made by any board of viewers, and the appellant does not recover a verdict for a greater amount than the viewers awarded, the appellant shall pay all costs of such appeal and trial. Sec. 4, Act of May 8, 1919, P. L. 130. 1080. BORROWING MONEY AND BOND ISSUE AU- THORIZED. It shall be lawful for the county commissioners of such county, and they are hereby authorized and empowered, to in- cur or increase the indebtedness of the county to an amount suf- ficient to pay its share of the cost of any land or lands required and of erecting the building or buildings aforesaid, by issuing coupon bonds in sums of not less than one hundred dollars each, bearing in- terest at a rate not exceeding five per centum per annum, and the principal thereof reimbursable at a period not exceeding thirty years from the date at which the same are authorized. Sec. 5, Act of May 8, 1919, P. L. 130. 3. General Provisions. 1081. BUILDING ON PUBLIC SQUARE MAY BE RE- BUILT ON ANOTHER PUBLIC SQUARE WITH CONSENT OF MUNICIPAL COUNCILS. That whenever in any county of this Commonwealth the court house, jail, or other county building of such county, is located upon a public square or common, in the bor- ough, town or city then being the county seat of such county, and a new building is authorized and required to be erected in place of such court house, jail or other building, it shall be lawful for the commis- sioners of such county to erect such new building upon any other of the public squares or commons of said borough, town or city, or upon any part thereof : Provided, That the councils of the said bor- ough, town or city shall have first consented to such new location for said building. Sec. 1, Act of May 25, 1901, P. L. 301. 465 1082. COUNTY AND MUNICIPALITY AUTHORIZED TO EQUIP AND MAINTAIN REST OR WAITING-ROOMS IN COURT HOUSE. ATTENDANTS. EXPENSES. APPRO- PRIATIONS. The county commissioners, in co-operation with the municipal authorities of the municipality wherein the court house Hes, may provide, and eq^uip and maintain in the court house rest or waiting-rooms for females, and provide female attendants therefor. One-half of the cost of providing such rooms and of maintaining the same, including salaries and all incidental expenses, shall be paid, by the county, and the other half by the municipality ; for all which purposes the county commissioners and said authorities may, re- spectively, appropriate moneys. Sec. 1, Act of April 23, 191S, P. L. 174, No. 96. 1083. JOINING WITH CITY IN IMPROVING CERTAIN STREETS AND HIGHWAYS AUTHORIZED. APPROPRIA- TION THEREFOR. That the county commissioners of counties now erecting or which may hereafter erect public buildings in any city of this Commonwealth shall be authorized and empowered, and they are hereby authorized and empowered, by and with the ap- proval of the court of common pleas, or if there be more than one of such courts then by and with the approval of all the courts of com- mon pleas of such county, to join with the proper authorities of such city in the grading, regrading, paving, repaving and improvement of so much of the streets and highways as are in, upon or along side of the grounds upon which said public buildings stand, and said com- missioners are further empowered to enter into contract with any such city authorities for the payment of a just proportion of the ex- pense of said grading, regrading, paving, repaving, and improve- ment of said streets and highways, and said commissioners are further empowered to appropriate from the county treasury suf- ficient funds for this purpose. Sec. 1, Act of May 24, 1887, P. L. 203, No. 143. 1084. COOPERATION WITH COMMITTEE APPOINTED BY CITY. PREREQUISITES TO LIABILITY ON COUNTY. Said commissioners are further empowered to act with any com- mittee or committees, which may be appointed by such city au- thorities, to establish grades, determine the kind and quality, of paving materials to be used, and to ratify the contracts entered into by said city authorities in the course of said improvements, and no obUgation shall rest upon the county to which said improvements shall be made for any proportion of the expenses thereof until the selections of grades and paving materials and the acceptance of bids 30 466 by said city authorities shall have been ratified by said commis- sioners and approved by the court or courts of common pleas, as provided in the first section of this act. Sec. 2, Act of May 24, 1887, P. L. 203, No. 143. (d) Parks, Playgrounds, Recreation Places, Comfort Stations. 1. Playgrounds, Gymnasiums, Baths, etc. 1085. LANDS AND BUILDINGS DESIGNATED AND SET APART. ACQUISITION OF NEW LANDS AND BUILD- INGS. The [city council of any city of the second or third class, or the borough council of any borough, or the] county commis- sioners of any county, may designate and set apart for use as play- grounds, playfields, gymnasiums, public baths, swimming pools, or indoor recreation centers, any lands or buildings owned by such [city, borough, or] county, and not dedicated or devoted to other public use. Such [city, borough, or] county may, in such manner as may be authorized or provided by law for the acquisition of land or buildings for public purposes in such [city, borough, or] county, acquire lands or buildings therein for use as playgrounds, playfields, gymnasiums, public baths, swimming pools, or indoor recreation centers, or, if there be no law authorizing such acquisition, the [city, council or the borough council or the] county commissioners, as the case may be, may acquire lands or buildings for such purposes by gift, or purchase, or may lease lands or buildings in such [city, bor- ough, or] county for temporary use for such purposes. Sec. 1, Act of July 8, 1919, P. L. 784, No. 322. 1086. SUPERVISION, EQUIPMENT AND MAINTENANCE. EMPLOYES. The authority to supervise and maintain play- grounds, playfields, gymnasiums, public baths, swimming pools, or indoor recreation centers may be vested in any existing body or board or in a recreation board, as the [city or borough council or the] county commissioners shall dete'rmine. The local authorities of any such [city, borough, or] county may equip, operate, and main- tain the playgrounds, playfields, gymnasiums, swimming pools, pub- lic baths, or indoor recreation centers, as authorized by this act. Such local authorities may, for the purpose of carrying out the provisions of this act, employ play leaders, recreation directors, supervisors, superintendents, or any other officers or employes, as they deem proper. Sec. 2, Act of July 8, 1919, P. L. 784, No. 322. 467 1087. RECREATION BOARD If the [city or borough council 01 the] county commissioners shall determine that the power to equip, operate, and maintain playgrounds, playfields, gymnasiums, public baths, swimming pools, or recreation centers shall be ex- ercised by a recreation board, they may establish, in said [city, bor- ough, or] county, such recreation board, which shall possess all the powers, and be subject to all the responsibilities, of the respective local authorities under this act. Such board, when established, shall consist of five persons, [and, when established in a city or borough, two of the members shall be members of the school board.] The board shall be appointed by the [mayor of such city or the burgess of such borough or the] commissioners of such county, and shall serve for terms of five years or until their successors are appointed, except that the members of such board first appointed shall be ap- pointed for such terms that the term of one member shall expire annually thereafter. Members of such board shall serve without pay. Women shall be eligible for appointment. Vacancies in such board occurring otherwise than by expiration of term shall be for the unexpired term, and shall be filled in the same manner as original appointments. Sec. 3, Act of July 8, 1919, P. L. 784, No. 322. 1088. ORGANIZATION AND REGULATION OF RECREA- TION BOARD. The members of a recreation board, established pursuant to this act, shall elect their own chairman and secretary and select all other necessary officers, to serve for a period of one year, and may employ such persons as may be needed as authorized by this act. Such board shall have power to adopt rules and regula- tions for the conduct of all business within its jurisdiction. Sec. 4, Act of July 8, 1919, P. L. 784, No. 322. 1089. JOINT ACTION WITH CITY, BOROUGH OR SCHOOL DISTRICT. Any [two or more cities or boroughs, or any city or borough, or any] city or borough and county, may jointly acquire property for, and operate and maintain, any playgrounds, playfields, gymnasiums, public baths, swimming pools, or indoor recreation centers. Any school district shall have power to join with any [city, borough, or] county, in equipping, operating, and main- taining playgrounds, playfields, gymnasiums, public baths, swim- ming pools, and indoor recreation centers, and may appropriate money therefor. Sec. S, Act of July 8, 1919, P. L. 784, No. 322. 468 1090. BOND ISSUE. The [city or borough council or the] county commissionei-s may issue bonds for the purpose of acquiring lands or buildings for playgrounds, playfields, gymnasiums, swim- ming pools, public baths, or indoor recreation centers and for the equipment thereof. ■ Sec. 6, Act of July 8, 1919, P. L. 784, No. 322. 1091. EXPENSES OF OPERATION AND MAINTENANCE. APPROPRIATIONS. TAXATION. AH expenses incurred in the operation of such playgrounds, playfields, gymnasiums, swim- ming pools, public baths, and indoor recreation centers, established as herein provided, shall be payable from the treasury of such [city, borough,] county, [or school district.] The local authorities of such [city, borough,] county, [or school district] having power to appropriate money therein may annually appropriate and cause to be raised by taxation such tax, not to exceed two mills on the dollar of the assessed valuation of taxable property in such [city, borough,] county, [or school district,] for the purpose of maintaining and operating playgrounds, playfields, gymnasiums, public baths, swim- ming pools, and recreation centers. Sec. 7, Act of July 8, 1919, P. L. 784, No. 322. 2. Parks and Comfort Houses in Counties Between 1,400,000 and 800,000 Population. 1092. PURCHASE OF LAND AUTHORIZED. LIMITA- TIONS. ERECTION AND MAINTENANCE OF BUILDINGS. Every county of this Commonwealth having a population of not less than eight hundred thousand, and not more than one million four hundred thousand, is hereby authorized and empowered to purchase land to be used for park purposes, or for the erection thereon of public comfort houses. The land purchased for the purposes afore- said shall lie within the limits of such county, and shall be contiguous to or in the vicinity of a county road, and shall be outside the cor- porate limits of any city or borough. The county is authorized and empowered to erect and maintain on the land such buildings as are necessary to fulfill the purposes for which the land was acquired. Sc. 1, Act of May 20, 1913, P. L. 260. 1093. RULES AND REGULATIONS. PENALTY FOR VIOLATION. DISPOSAL OF FINES. RIGHT OF APPEAL. The county commissioners are authorized and empowered to adopt reasonable rules and regulations, necessary for the preservation, management, and control of parks and public comfort houses so es- tablished and maintained, and provide penalties for the breach 469 thereof. All rules adopted by the commissioners shall, before be- coming operative, be published once a week for three consecutive weeks in three newspapers of general circulation in the county, and shall be recorded in the office of the recorder of deeds in such county. Any person violating any rules so adopted may be prosecuted by pro- ceedings for summary conviction, before any justice of the peace, or magistrate having jurisdiction and powers of a justice of the peace, and may be adjudged to pay a fine of not less than five dollars, nor more than twenty-five dollars, which shall be payable to the county treasurer, who shall add the fine to the fund for the improvement of county roads. From such judgment and summary conviction' an appeal shall lie as provided by law. Sec. 2, Act of May 20, 1913, P. L. 260. 1094. AGREEMENT ON PRICE OF LAND. After the county commissioners have duly resolved to secure land for any of the purposes aforesaid, they shall agree with the owner or owners thereof upon a reasonable price to be paid therefor. Sec. 3, Act of May 20, 1913, P. L. 260. i 1095. LIMIT OF EXPENDITURES. . The amount that may be expended by the county commissioners of any county in any one year, . in the exercise of the powers herein conferred, shall not exceed the sum of twenty-five thousand dollars ; and the amount that the com- missioners may expend for securing the land for and improving any single park, or for securing the land for and building any single com- fort house, shall not exceed the sum of five thousand dollars. Sec. 4, Act of May 20, 1913, P. L. 260. 3. Comfort Stations. 1096. APPROPRIATIONS TO COUNTY SEAT (CITY OR BOROUGH) TO ASSIST IN CONSTRUCTION AND MAIN- TENANCE. The county commissioners of any county may appro- priate moneys to assist any city or borough, being the county-seat within the boundaries of such county, to construct and maintain comfort stations. Sec. 1, Act of July 8, 1919, P. L. 762. 470 (e) Monuments. Memorials and Memorial Halls. 1. Monuments and Memorials. 1097. ERECTION AND MAINTENANCE ON PETITION OF CITIZENS. PURPOSE. MEMORIAL HALL IN COUNTIES BETWEEN 1,400,000 AND 800,000. PURCHASE OR CON- DEMNATION OF SITE. Upon the petition of at least fifty citizens, to the court of quarter sessions of any county in this Com- monwealth, for the erection or completion of a monument in memory of the soldiers and sailors of the late war, it shall be the duty of said court to lay said petition befoi;e the grand jury, and, if approved by two successive grand juries and said court, the county commissioners of said county shall be authorized to erect, or complete any monu- ment now partly erected, but not completed, and maintain at the county-seat, a suitable monument in memory of the soldiers and sailors of the late war of the rebellion, and the soldiers and sailors of the Spanish-American War, from said county: Provided, how- ever. That in counties having a population as computed by the last preceding United States Census of over eight hundred thousand, and less than one million four hundred thousand inhabitants, said petition may pray for the erection of a memorial hall, and, if ap- proved as above provided, the county commissioners of said county shall be authorized to acquire, by purchase or by the exercise of right of eminent domain, the necessary site, and shall be authorized to erect and maintain thereon, at the county-seat, a suitable memorial hall or building in memory of the soldiers and sailors of the late war of the rebellion and the soldiers and sailors of the Spanish- American War, from such counties. Sec. 1, Act , -w material abutting on, or through which pass, roads, streets, lanes, or alleys, injured by the laying out, open- ing, widening, vacating, extending or grading of said roads, streets, lanes or alleys, or the changing of grades or lines thereof, by said [cities,] counties, [boroughs or townships;] the construction and the vacating by said [cities,] counties, [boroughs or townships] of bridges, and the piers, abutments, approaches, embankments, slopes, or cause-ways therefore, or leading thereto ; and the construction of sewers by said [cities,] counties, [boroughs, or townships] in, over, upon, along, or through said lands, property, or material. Sec. 1, Act of May 28, 1913, P. L. 368. It is not likely that this act has any application to county sewers, as the only act on this subject is the Act of June S, 1915, P. L. 852 (Sees. 1514 to 1534 below), which itself provides for payment of damages for taking property. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 993. 1 190. DUTIES OF JURIES OF VIEW. That all juries of view appointed, or which shall hereafter be appointed, under existing laws,^ for assessing damages or benefits for taking, using, occupying or in- juring lands, property, or material, are hereby directed, and it shall be their duty, to assess the damages provided for in section one of (this act, if any, against said [cities,] counties, [boroughs, or town- ships,] as the case may be, and the benefits, if any, in connection therewith, and make report thereof as under existing laws. Sec. 2, Act of May 28, 1913, P. L. 368. 1191. RIGHT OF APPEAL FROM REPORTS OF VIEWERS. That the right of appeal to the proper court of common pleas from said report, and the right of trial by jury in said court of common pleas, and the right to file exceptions to said report, are hereby given to any party or parties not satisfied with said report, in accordance with proceedings under existing laws. Sec. 3, Act of May 28. 1913, P. L. 368. 1192. APPEALS TO SUPREME AND SUPERIOR COURTS. That after disposal of exceptions, or verdict and final judgment, any interested party or parties may have an appeal to the Superior Court or Supreme Court, as in any other cases. Sec. 4, Act of May 28, 1913, P. L. 368. 1193. APPLICATION OF ACT. That the provisions of this act shall apply to all existing and future proceedings. Sec. 5, Act of May 28, 1913, P. L. 368. SOS (b) Authorization and Construction. 1. Wholly or partly within single Municipality, on Resolu- tion of County Commissioners. 1194. BRIDGES AND APPROACHES AUTHORIZED ON APPROVAL OF GRAND JURY AND QUARTER SESSIONS. EMINENT DOMAIN. USE OF MUNICIPAL ROADS AND STREETS. The several counties of this Commonwealth are hereby authorized and empowered, — ^whenever the county commissioners of such county, or a majority of them, shall, by resolution, decide so to do, and upon the approval thereof by a grand jury and by the court of quarter sessions in the maner hereinafter provided, — to lo- cate, lay out, open, construct, and maintain public bridges, whether wholly or partly within any city, borough, or township therein, across any river or stream dividing or separating any part of said county from any other part thereof; together with such bridge ap- proaches, viaduct, or other approaches as the county commissioners, or a majority of them, may in their judgment deem necessary or convenient for the purpose of connecting any such bridge with the existing streets or public roads in such cities, boroughs, or town- ships ; and, to that end, to take, enter upon, and appropriate property and rights of property of all kinds, whether devoted to a public or private use, for the purposes aforesaid, and for the necessary slopes, piers, walls, abutments, fills, and embankments; and to enter upon or over any street, public highway, or public road, in such cities, boroughs, or townships, in the manner hereinafter provided. Sec. 1, Act of May 24, 1917, P. L. 276. 1195. PLANS AND SURVEYS. PROCEDURE TO OBTAIN APPROVAL OF QUARTER SESSIONS AND GRAND JURY. CHANGES IN LOCATION AND MANNER OF CONSTRUC- TION REQUIRED BY STATE OF FEDERAL AUTHORITIES IN CERTAIN CASES. Whenever the county commissioners of any county shall resolve to exercise any of the powers conferred by section one hereof, they shall cause to be prepared plans and surveys showing the location of the proposed bridge and its approaches, and the property or rights of property affected thereby, together with any streets or public roads in any city, borough, or township proposed to be used in connection therewith ; and they shall present the same, together with their petition on behalf of said county, to the court of quarter sessions of sUch county, praying for authority to locate, lay out, open, and construct the same ; which petition shall briefly de- scribe the location and the estimated cost thereof, or, if the method 504 of construction has not been fully determined, the estimated cost thereof for each alternative method of construction proposed. Upon the filing of any such application or petition, the court shall fix a time for the hearing of the same by, and refer the same to the grand jury. Notice of the time, place, and purpose of said hearing shall be given by an advertisement, published once a week for three successive weeks, in at least one newspaper of general circulation in such county, and by handbills posted in conspicuous places along or in the neighborhood of the proposed bridge and its approaches, or otherwise as the court shall direct, having regard to the circum- stances of the case. If the grand jury by a majority vote shall approve said application or petition, it shall thereupon certify its approval to said court; whereupon the court shall make an order fixing a time, not less than ten days thereafter, for the filing of exceptions thereto. Upon the hearing thereof the court may, for proper cause shown, disapprove of said application; otherwise, it shall make an order approving the location, and the plans and surveys therefor, and authorize such county to construct such bridge and its approaches, and to let a contract or contracts therefor, under specifications to be prepared by the county engineer or other proper county authority ; and there- upon the said bridge and its approaches shall be deemed to be laid out and opened in accordance with the surveys and plans accompany- ing said petition. Where the proposed bridge crosses any navigable stream or other public water, or the property, rights of property, or rights of way of any railroad or other public service corporation, and, by reason thereof, the approval of any State or Federal officer, board, or body is required as to the location and construction of such a bridge or its approaches, such county shall be deemed to have full and complete authority to construct such bridge in such other location and in such other manner as may be necessary to comply with the conditions prescribed by such officer, board or body in granting such approval : Provided, The county commissioners of such county be of the opinion, and by resolution duly adopted by a majority vote so decide, that the bridge as thus changed is necessary for the convenience of the traveling public, and will accommodate substantially the same travel- ing public, as the bridge would have done if it had been constructed at the location and in the manner originally provided. Upon the adoption of any such resolution, and prior to the construction of such bridge, and the entry upon and taking of property for that purpose, such county, through its county commissioners, shall present its petition to the court of quarter sessions of said county, briefly set- ting forth the facts as to the obtaining of such approval, and the changes made in consequence thereof, and the adoption of such reso- 505 lution, together with plans and surveys showing the new location and manner of construction and an estimate showing the cost of the construction of such bridge as thus changed, and if the proceedings shall appear to be regular, the court shall make an order fixing, a time, not less than twenty days thereafter, for the filing of exceptions thereto. Notice of the time and place of hearing on said exceptions shall be given by advertisement, published once a week for two successive weeks, in at least two newspapers of general circulation in such county, and by handbills posted in conspicuous places along or in the neighborhood of the proposed bridge and its approaches, or otherwise as the court shall direct, having regard to the circum- stances of the case. Upon the hearing thereof the court may, for proper cause shown, disapprove of said petition; otherwise, it shall thereupon make a decree authorizing and empowering said county to construct such bridge in accordance with such new plans and surveys, and thereupon such bridge shall be deemed to have been laid out and opened in accordance with such plans and surveys. The provisions of this act shall a]iply to proceedings now pending, as well as those hereafter begun. ' Sec. 1, Act of June 7, 1919, P. L. 414, amending Sec. 2, Act of May 24, 1917, P. L. 276. 1196. RIGHT OF ENTRY ON PRIVATE OR PUBLIC PROP- ERTY FOR PURPOSE OF PRELIMINARY SURVEYS, ETC. For the purpose of making the necessary preliminary surveys, in order to prepare said plans and estimates, the county commissioners of the several counties and the persons by them employed for such purpose shall have the right to enter upon private or public property, and to designate by proper marks upon the ground the line and location of any such proposed bridges and approaches. Sec. 3, Act of May 24, 1917, P. L. 276. 1197. AGREEMENT ON DAMAGES FOR INJURY TO PROPERTY, SUBJECT TO APPROVAL OF QUARTER SES- SIONS. PAYMENT. The county commissioners, pursuant to a resolution duly adopted by a majority of the board, may agree with the owners of property, rights of property, or rights of way of any railroad or any public service corporation, affected thereby, as to the amount of damages occasioned to any person for property taken, in- jured, or destroyed for the purposes aforesaid ; which agreement the county commissioners shall report to the court of quarter sessions of said county, and upon the approval thereof by such court, such damages shall be payable by the county out of the general county funds or other funds provided for that purpose. Sec. 2, Act of June 7, 1919, P. L. 414, amending Sec. 4, Act of May 24, 1917, P. L. 276. 506 1198. WHEN DAMAGES NOT AGREED UPON, COUNTY MAY TENDER BOND TO SECURE AWARD OR AGREE- MENT ON DAMAGES. FILING IN COURT WHEN NOT AC- CEPTED. In all cases where the parties have not agreed upon the amount of damages claimed, or where, by reason of the absence or legal incapacity of the owner or owners, no such agreement can be made for the lands, property, or materials to be taken, occupied, or injured, such county may tender sufficient securiety to the party claiming or entitled to any damages, or to the attorney or agent of any person absent, or to the agent or other officers of a corporation, or to the guardian or committee of any one under legal incapacity ; the conditions of which shall be that the said county shall pay or cause to be paid such amount of damages as the party shall be entitled to receieve, after the same shall have been agreed upon by the parties t r assessed in the manner provided for by this act. In case the party or parties claiming damages refuse or do not accept the security so tendered, the said county shall then give the party, his or their agent, attorney, guardian, or committee, a written notice of the time when the same will be presented for filing in the court ; and thereafter the said county may present said security to the court of common pleas of the county where the lands or other property are situated, and, if ap- proved, the security shall be filed in said court for the benefit of those interested, and recovery may be had thereon for the amount of damages assessed, if the same be not paid or cannot be made by execution on the judgment in the issue formed to try the question, and upon the approval of said security, said county may proceed with the improvement. Sec. 8, Act of May 24, 1917, P. L. 276. 1199. WHEN DAMAGES NOT AGREED UPON. APPOINT- MENT OF VIEWERS BY COMMON PLEAS. MEETING OF VIEWERS AND NOTICE THEREOF. In case the compensa- tion for the damages has not been agreed upon, any court of com- mon pleas of the proper county, or any law judge thereof in vacation, on application thereto by petition by said county or any person in- terested, shall appoint three discreet and disinterested freeholders as viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet upon the line cf the proposed bridge and its approaches, and view the same and the premises affected thereby. The said viewers shall give at least ten days' notice of the time of their first meeting, by publication in one or more newspapers of the county in which it is situate, and by 507 handbills posted in conspicuous places in the vicinity of the proposed bridge and its approaches, or otherwise as the said court shall direct, having due regard to the circumstances of the case. Sec. 5, Act of May 24, 1917, P. L. 276. 1200. PROCEEDINGS BY AND BEFORE VIEWERS. The said viewers, having been duly sworn or affirmed faithfully, justly, and impartially to decide and true report to make concerning all mat- ters and things to be submitted to them, and in relation to which they are authorized to inquire in pursuance of the provisions of this act; and, having viewed the premises and examined the property con- nected with and affected by the proposed bridge and its approaches, shall hear all parties interested and their witnesses; and, having a due regard to, and making just allowance for, the advantages which may have resulted, or which may seem likely to result, to the owner or owners of said lands or materials, in consequence of the locating, laying out, opening, maintenance, and construction of said bridge and its approaches, shall estimate and determine the damages for prop- erty taken, injured, or destroyed, and to whom the same is payable ; and, having so estimated and determined the damages, they shall prepare a schedule thereof, and give notice to all parties to whom damages are allowed of a time, not less than ten days thereafter, and of a place where said viewers shall meet and exhibit said schedule, and hear all exceptions thereto and evidence. Notice of the time and place of said meeting shall be given, in the manner provided by law for the service of summons in a personal action, upon all parties al- lowed damages as shown by said schedule, if the said parties can be found in the county; or upon an adult person, if any, residing upon the property affected, in case the owner or reputed owner cannot be found; and, to all others, by publication in the newspaper or news- papers in which the first notices of said view were published. When no service is made upon the owner, reputed owner, or upon an adult person residing upon the property affected, said notice, where publi- cation thereof has also been made, shall be deemed to have been properly served if tacked or conspicuously posted on the premises. The court may provide by whom the notice provided by this act shall be posted, given, and served, and fix the compensation for said serv- ice. After making whatever changes are deemed necessary, the said viewers shall make report to the court, showing the damages allowed in each case, and file therewith a plan showing the improvement and the properties taken, injured, or destroyed. When said report is filed, notice thereof shall be given by publication once in the news- paper or newspapers in which first notices of said view were pub- lished. Said notice shall state the date of filing of the report, and 508 shall contain a schedule of the damages shown therein; and shall further state that, unless exceptions thereto be filed within thirty days from the date of filing, the said report will be confirmed ab- solutely. Sec. 6, Act of May 24, 1917, P. L. 276. 1201. PROCEEDINGS SUBSEQUENT TO FILING REPORT OF VIEWERS. Upon the report of said viewers, or any two of them, being filed in said court, any party interested may, within thirty days thereafter, file exceptions to the same; and the court shall have power to confirm said report, or to modify, change, or otherwise correct the same, or refer the same back to the same or new viewers, with like power as to their report. When said report is first filed in court the prothonotary thereof shall mark the same "confirmed nisi," and, in case no exceptions are filed thereto within said thirty days, he shall enter a decree (as of course) that said re- port is confirmed absolutely. Within thirty days after the con- firmation, modification, changing, or correcting of said report, any in- terested party may appeal from said decree to the Superior Court or to the Supreme Court, as the case may be. And within thirty days after said report is filed in court, as aforesaid, such county, and any party whose property is taken, injured, or destroyed, may appeal to the court of common pleas, and demand a trial by jury according to the course of the common law. Every appellant shall state in the appeal the grounds upon or for which the appeal is taken, and the same shall be signed by the party or parties taking the appeal, or by his or their agent or attorney; and shall be accompanied by an affidavit of the party appellant, or of his or their agent or attorney, that the appeal is not taken for the purpose of delay, but because the appellant firmly believes that injustice has been done. In case the party appellant does not obtain a verdict more favorable than was the report of the viewers, as finally confirmed, modified, or changed, the said appellant shall not rocover any costs on the appeal. The said court of common pleas shall have power to order what notices shall be given in connection with any part of said proceedings, and make all such orders as it may deem requisite, and may, by rule or other- wise, prescribe the form of the pleadings. After verdict and final judgment either party may have an appeal to the Superior Court or Supreme Court, as in other cases. Sec. 9, Act of May 24, 1917, P. L. 276. 1202. TIME OF APPOINTMENT OF VIEWERS. COSTS. COMPENSATION OF VIEWERS. The viewers provided for in this act may be appointed either before or at any time after the entry 509 upon, taking, appropriation, or injuring of any property for said pur- poses. The cost of said viewers and all court costs incurred, includ- ing all advertising and notices in connection therewith, shall be paid by such county; and each of said viewers shall be entitled as com- pensation, unless otherwise provided by law, to a sum not exceeding five dollars per day for each and every day necessarily employed in the performance of the duties herein prescribed. Sec. 7, Act of May 24, 1917, P. L. 276. 1203. IN CASE OF REPEAL OF RESOLUTION OR DIS- CONTINUANCE OF PROCEEDINGS WITHIN CERTAIN TIME, COUNTY NOT LIABLE FOR DAMAGES, EXCEPT COSTS AND DAMAGES ALREADY SUSTAINED. In case the county commissioners, or a majority of them, of any such county, shall repeal or rescind any resolution passed, or discontinue any pro- ceeding taken, providing for any such bridge or its approaches, prior to the entry upon, taking, appropriation, or injury to any property or materials, and within thirty days after the filing of the report of viewers assessing damages, the said county shall not thereafter be liable to pay any damages which have been or might have been as- sessed, but all costs upon any proceedings had thereon shall be paid by said county, together with any actual damages, loss, or injury sus- tained by reason of such proceedings. Sec. 10, Act of May 24, 1917, P. L. 276. 1204. PAYMENT OF DAMAGES AND COSTS. All damages found, agreed upon, or awarded for or on account of the location, laying out, opening, and construction of any such public bridge, and its approaches and appurtenances, and all costs and expenses incurred in connection therewith, shall be paid by such county, out of the gen- eral county funds, or from such other funds as may be set apart or appropriated for that purpose. , Sec. 11, Act of May 24, 1917, P. L. 276. 1205. CONTRACTS FOR CONSTRUCTION AUTHORIZED. PROPOSALS. AWARDS. SECURITY TO BE FURNISHED BY CONTRACTOR. Upon the approval of any application to con- struct any such bridge, and its approaches and other appurtenances, the county commissioners of such county are authorized and em- powered to advertise and solicit proposals for the construction there- of, in the manner provided by law for the letting of county contracts, and to let a contract or contracts therefore to the lowest responsible bidder. No contract shall be awarded for any such work unless proper security shall be given for the faithful performance thereof 510 by the person or persons to whom the contract shall be awarded, with proper surety, to be approved by the county commissioners of such county, which surety shall be equal in amount to at least fifty per cent, of the contract price therefor. Sec. 12, Act of May 24, 1917, P. L. 276. 1206. CONTRACTS WITH STREET RAILWAYS, ETC., FOR SPECIAL USE OF BRIDGE. TERM. APPROVAL OF PUBLIC SERVICE COMMISSION. The several counties, through their county commissioners or a majority of them, are hereby authorized and empowered to make and enter into contracts or leases with any street railway, telegraph, telephone, or corporation, or per- sons, desiring to make use of said bridge and its approaches for other than ordinary public foot or vehicle traffic, and with the successors and assigns of such companies for the concurrent use of such portion of said public bridge and approaches as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon, or to charge tolls or rentals for such special use; but no such contract or lease shall be entered into for a longer period than twenty years ; and no such contract or lease shall be entered into by any such county unless such contract or lease shall be first approved by the Public Service Commission of this Commonwealth. Sec. 13, Act of May 24, 1917, P. L. 276. 1207. APPROPRIATIONS AND TAX LEVY. The several counties of this Commonwealth are hereby authorized and empow- ered to appropriate, and pay out of the general county funds, all moneys necessary for said purposes ; and to levy, assess, and collect taxes, for the purposes aforesaid, on all real and personal property within said county now or hereafter taxable for county purposes, in addition to all other taxes. Sec. 14, Act of May 24, 1917, P. L. 276. 1208. INCURRING OF INDEBTEDNESS AND BOND ISSUE AUTHORIZED. RESTRICTIONS AND LIMITA- TIONS. FUNDING INDEBTEDNESS. SINKING FUND. The several counties are further authorized and empowered, pursuant to a resolution adopted for that purpose by a majority of the county commissioners of such county, to borrow money and to incur in- debtedness for the purposes aforesaid, to an amount not exceeding the limit of indebtedness prescribed by the Constitution of this Com- monwealth, in compliance with the laws regulating the manner of increasing such indebtedness, (sections 629 to 649 above) and also 511 to fund any indebtedness incurred for the purposes aforesaid; and to issue, as evidences of such indebtedness, registered and coupon bonds, or either of them, payable within thirty years from the date of their issue, and bearing interest at a rate not exceeding six per centum per annum, payable semi-annually, which bonds shall not be sold at less than their par value and accrued interest; and to levy and collect taxes on all taxable property in such county, in addition to all other taxes, for the purpose of paying such indebtedness and inter- est thereon. Any county incurring such indebtedness shall, at or be- fore the time of incurring the same, make provision for a sinking-fund to pay at maturity all indebtedness so incurred and interest thereon. Sec. 3, Act of June 7, 1919, P. L. 414, amending Sec. IS, Act of May 24, 1917, P. L. 272. 1209. CONSENT OF CITY OR BOROUGH TO USE STREETS, ETC. Should any board of county commissioners, in the exercise of the powers herein conferred, deem it necessary or ad- visable to enter upon any street or "public highway in any city or borough, or to take any other action affecting the property, rights, or authority of any such city or borough, for the purpose of con- structing or maintaining any such bridge, with its approaches and other appurtenances, or otherwise, the consent thereto of such city or borough, by ordinance, shall be first had and obtained. Sec. 16, Act of May 24, 1917, P. L. 276. 1210. CITY OR BOROUGH AUTHORIZED TO CONTRACT WITH COUNTY TO PAY PORTION OF COST. Any city or borough, wherein any such bridge is proposed to be located or erected, shall have the power and authority to agree with said county to bear a portion of the cost of the locating, laying out, open- ing, and construction of any such bridge and its approaches and appurtenances, and to provide the approach therefor within the limits of the respective city or borough, and to bear the cost of the maintenance of any approach within the respective city or borough, as shall be agreed upon between any such county, city, or borough. All such agreements shall be entered into in writing, and at least one executed copy shall be furnished to each county, city, and borough becoming a party thereto. Sec. 17, Act of May 24, 1917, P. L. 276. 1211. TO BE A COUNTY BRIDGE. MAINTENANCE AND EXPENSES. Any bridge erected under the terms of this act shall be a county bridge, and the duty of maintaining the same shall, ex- 512 cept as otherwise herein provided, devolve upon such county, and the expense thereof shall be paid out of the general county funds pro- vided for that purpose. Sec. 18, Act of May 24, 1917, P. L. 276. 2. Between City and Borough or Township or Between Borough and Township, on Petition of Resident Taxpayers. 1212. QUARTER SESSIONS MAY AUTHORIZE BRIDGE OR CULVERT. APPOINTMENT OF VIEWERS. REPORT TO NEXT TERM OF COURT. Whenever any city and borough, or township, or any borough and township, of this Commonwealth, are separated by a river, creek, or rivulets, the court of quarter ses- sions of the county in which said city and borough or township are situate, upon petition thereto by not less than twenty-five resident taxpayers of said county, representing that the erection of said bridge or culvert over said river, creek, or rivulet is necessary for the ac- commodation and conveyance of public travel, and praying that the county shall erect a bridge or culvert over such river, creek, or rivulet, and between such city and borough, or township, shall ap- point five resident taxpayers of such county, one of whom shall be a civil engineer or surveyor, — none of which viewers shall reside on or own real estate within five miles of the site of the proposed bridges or culvert, — to view the locality suggested in said petition for a bridge or culvert, and to make report of their proceedings to the said court at the next term thereof. Sec. 1, Act of July 11, 1917, P. L. 807, amending Sec. 1, Act of April 29, 1891, P. L. 31, as amended. 1213. PUBLIC NOTICE OF MEETING OF VIEWERS. TO BE SWORN OR AFFIRMED. TO LOCATE POSITION OF BRIDGE OR CULVERT AND ESTIMATE COST THEREOF. The viewers appointed, as aforesaid, after having given three weeks' pubHc notice, in at least one newspaper published in said county nearest the locality of the proposed bridge or culvert, of their time and place of meeting, and after having been severally sworn or af- firmed to perform the duties of their appointment justly and with fidehty and a true report to make, shall view the locality mentioned in the petition asking for their appointment, and if they shall find that there is occasion for a bridge or culvert as prayed for, they shall proceed to locate the position for the same, having due regard to the convenience and accommodation of public travel and the estimated or probable cost thereof. Sec. 2, Act of April 29, 1891, P. L. 31. 513 1214, REPORT OF VIEWERS TO THE COURT. CON- TENTS OF REPORT. The viewers, as aforesaid, shall make re- port of their proceedings to the next term of said court and in their report shall state. First. Who of them were present at the said view and whether they were severally sworn or affirmed to perform the duties of their appointment justly and with fidelity and a true report to make. Second. Whether the bridge or culvert desired be necessary for the accommodation and convenience of public travel, and the esti- mated cost of the same. Third. They shall state, if their report is favorable to the erec- tion thereof, the place where they have located said bridge or cul- vert, and shall attach to their report a map or draft setting forth the locality thereof. Sec. 3, Act of April 29, 1891, P. L. 31. 1215. APPROVAL AND CONFIRMATION BY COURT. APPROVAL BY GRAND JURY AND COUNTY COMMIS- SIONERS. COUNTY COMMISSIONERS TO CONSTRUCT AND MAINTAIN BRIDGE OR CULVERT. COURT UPON PETITION TO ORDER THE CONSTRUCTION WHEN COUNTY COMMISSIONERS NEGLECT OR REFUSE TO DO SO. PROCEDURE WHEN CITIES AND BOROUGHS ARE IN DIFFERENT COUNTIES. GRADE CROSSINGS NOT PERMITTED. Upon presentation of said report to the said court, if the court shall approve of the same, it shall be confirmed nisi, and after such Confirmation the said report shall immediately be presented to the grand jury, and, if it shall appear to them that the erection of the said bridge or culvert is necessary for the accommodation and convenience of public travel, they shall ap- prove the same, and after such approval the said report shall at once be presented to the county commissioners, who shall, within thirty days thereafter, either approve or disapprove the same; and if the said report shall be approved by them, and if no exceptions be filed thereto within ten days after its approval by the county commis- sioners, the confirmation of the said court shall be made absolute, and the county commissioners shall record the same as a county bridge or culvert, and shall at once, without any unnecessary delay, proceed to construct said bridge or culvert, with the necessary ap- proaches, in the same manner as other county bridges are now by law erected ; and after its construction they shall maintain and keep the same in good repair at the expense of said county. But should the said county commissioners, for a period of two years after pre- sentation of said report to them, following the confirmation nisi by the court and the approval thereof by the grand jury, neglect or re- 33 514^ fuse to approve or disapprove of said report, then it shall be the duty of the said court, on application by any of the original petitioners for said bridge or culvert, after due notice to the county commissioners, if no sufficient cause be shown to the contrary, to order the confirma- tion of said report to be made absolute, and to direct that the same shall be recorded as a county bridge or culvert, with all rights and remedies for its construction as now provided by existing law : Pro- vided, That if the said cities and boroughs, separated as aforesaid, are situate in different counties, bridges or culverts joining them shall be authorized in the manner provided in this act, except that the court of quarter sessions of each county shall appoint three viewers, and that a report, as aforesaid, shall be made to the said courts respectively ; and the said courts shall, together with the grand juries and commissioners of the respective counties, in all other re- spects have and exercise a concurrent jurisdiction and discretion therein : Provided further, That whenever it may be necessary, in the erection of said bridge or either of the approaches thereto, to cross the tracks of any steam power railroad, said approach or ap- proaches shall not cross the same at grade, but at an elevation of not less than twenty feet over said track or tracks. Sec. 1, Act of May 28, 191S, P. L. 639. amending Sec. 4, Act of April 29, 1891, P. L. 31. 1216. COUNTY COMMISSIONERS MAY SECURE GROUND FOR APPROACHES TO BRIDGE OR CULVERT. COURT UPON PETITION TO APPOINT VIEWERS; TO ASSESS DAMAGES. CONFIRMATION OF REPORT. COUNTY TO PAY DAMAGES. For the purpose of securing the proper and necessary approaches for said bridge or culvert, the commissioners of the county in which such approaches are situated shall have the right, if unable to procure suitable land therefor, to enter upon and occupy sufficient ground for said approaches, which they shall desig- nate and mark off. And it shall and may be lawful for the court of common pleas of the proper county, on application thereto by either the county commissioners or the parties aggrieved, to appoint a jury of viewers consisting of five discreet citizens of said county, who, after having been duly sworn or affirmed to discharge the duties of their appointment impartially and with fidelity and a true report make, and having given ten days' notice to either the county com- missioners or to the owners of the land taken, as the case may be, and having viewed the premises, they shall make a fair and just computation of the advantages and disadvantages, and shall esti- mate and determine whether any, and if any, what amount of damages has been or may be likely to be sustained, and to whom payable, and to make report thereof to the said court at the next term thereof ; and if damages are awarded and no exceptions be filed thereto or appeal taken within thirty days, the said report shall be confirmed by the said court, and the damages shall be collectible from the said county. Sec. S, Act of April 29, 1891, P. L. 31. The viewers herein provided for would now be appointed from the county board of viewers. See Sees. 538 to 546 above. 1217. COMPENSATION AND EXPENSES OF VIEWERS. TO BE PAID BY COUNTY. The said viewers appointed under this act, shall be entitled to receive two dollars per day for their services, and this, with the other expenses incident and necessary to said view, shall be chargeable to the county wherein said views are held, and shall be payable out of the funds thereof. Sec. 6, Act of April 29, 1891, P. L. 31. This section is probably supplied by section 173 above. 1218. COUNTY COMMISSIONERS MAY BORROW MONEY. LIMITATION. MAY ISSUE BONDS. For the purpose of carry- ing into efifect the provisions of this act, the county commissioners of the respective counties of this commonwealth are hereby authorized to borrow any sum of money not exceeding the constiutional limita- tion, if necessary, for the purpose aforesaid, at a rate of interest not to exceed five per centum, and to issue bonds therefor. Sec. 7, Act of April 29, 1891, P. L. 31. For the procedure in incurring indebtedness see Sees. 629 to 649 above. 1219. COUNTY COMMISSIONERS MAY, IN CERTAIN CASES, ON RECOMMENDATION OF VIEWERS, PURCHASE BRIDGES ALREADY ERECTED. VIEWERS' REPORT. STREET CAR COMPANY SHALL CONTINUE TO EXERCISE FRANCHISE. If, instead of building a new bridge, the county com- missioners can purchase at actual cost, with ten per centum of what the bridge can be built for, any bridge already erected across any stream as aforesaid, said commissioners shall have the power to make such purchase and are authorized to raise money for that purpose, as provided in section seven of this act. (Preceding section.) The viewers appointed under the first section of this act, (section 1212 above,) must recommend the purchase, as aforesaid, before the commissioners can make the purchase. Said viewers shall also in their report, file an estimate of the actual value of said bridge, or what said bridge can be built for with ten per centum, and the amount expended by the county commissioners for such purchase shall not 516 exceed the estimate filed by the viewers : Provided, That any street car company now having the right of passage over any such bridge, shall continue to exercise said franchise, should said bridge be pur- chased by the said county under the provisions of this act. Sec. 8, Act of April 29, 1891, P. L. 31. 3. Joint Action of Adjoining Counties. 1220. BRIDGES ON OR ONE-FOURTH OF A MILE FROM COUNTY LINE MAY BE AUTHORIZED BY JOINT ACTION OF QUARTER SESSIONS, GRAND JURIES AND COMMIS- SIONERS OF BOTH COUNTIES. Bridges over any river, creek, or rivulet, being on the line adjoining counties, or located within one- fourth of a mile therefrom, and necessary for the accommodation of the inhabitants of both counties, shall be authorized in the manner provided in the case of other county bridges, except that the court cf quarter sessions of each county shall appoint three of the viewers, and that a report as aforesaid be made to the said courts, respectively, and that the said courts shall, together with the grand juries and commissioners of the respective counties, in all other respects have and exercise a concurrent jurisdiction and discretion therein: Pro- vided, however, That nothing herein contained shall prevent any county in' this Commonwealth from erecting a bridge at any point wholly within the limits of said county, without any view, or other proceedings whatsoever, in any adjoining county. Sec. 'l, Act of May 8, 190J 1836, P. L. 551, as amended Sec'l, Act of May 8, 1907, P. L. 185, amending Sec. 46, Act of June 13, 1221. JOINT CONTRACTS AND INSPECTION. COST OF CONSTRUCTION, MAINTENANCE AND REPAIR. RIGHT OF ACTION. LIMITED TO COUNTIES BELOW 200,000 POPULATION AND TO CERTAIN BRIDGES. Every such bridge shall be constructed by contract with the commissioners of both the said counties ; it shall be inspected, in the manner aforesaid, by persons appointed by the court of quarter sessions of either of the said counties; it shall be paid for, maintained, and kept in repair by. said commissioners, the cost and expense of which joint construc- tion, maintenance, and repair shall be paid by said counties, re- spectively, in the proportion of the population thereof as ascertained at the last decennial census, and if either county shall necessarily in- cur more than its due proportion of such charge, it shall be lawful for such county to recover from the other county the excess so in- curred, in an action to be founded on this act : Provided, This shall 517 apply only to counties having a population of two hundred thousand and under, and in such counties, to bridge three hundred feet (300) in length and over. Sec. 1, Act of June 20, 1911, P. L. 1084, amending Sec. 47, Act of June 13, 1836, P. L. 551. It would seem that the effect of the amendment of 1911 ii to limit , this whole section to counties of 200,000 population and below, and to bridges 300 feet in length and over. It is doubtful, however, whether such was the real intention, as this would leave all other counties and bridges without any statutory provisions to cover the matter herein contained. It was probably supposed that the proviso would cover only the new matter, i. e., the payment of the cost and expenses of construction, maintenance and repair by the counties in proportion to their population. The original provision of the Act of 1836 was that it should be done "at the joint and equal charge of both counties." 4. Bridges for Pedestrians only. 1222. BRIDGE FOR PEDESTRIANS ONLY AUTHORIZED IN CERTAIN CASES. When, in any case, the county commission- ers of any county have been legally authorized to erect a county bridge, and when, in the exercise of their discretion, it is found that a bridge for pedestrians only, will sufficiently accommodate public travel at the place in question, then they shall be and are authorized to erect such bridge, instead of a bridge for general traffic. Sec. 1, Act of June 19, 1911, P. L. 1048. 5. Bond Issue. 1223. COUNTY COMMISSIONERS MAY ISSUE AND SELL BONDS WITH THE APPROVAL OF THE COURT TO DE- FRAY WHOLE OR PROPORTIONATE PART OF COST OF BRIDGE. When, in the opinion of the county commissioners of any county, the cost of building a county bridge or bridges to be erected therein, or the said county's proportionate share of the cost of a bridge to be erected over a river or stream upon the line between it and an adjoining county, is so large in amount that to provide the funds necessary to pay the same by a single tax levy would be burdensome to the taxpayers, said commissioners, having first se- cured the approval of the court of quarter sessions of their county so to do, may issue and sell to the' highest bidder, at not less than their face value, interest bearing bonds of the county, for the pur- pose of raising funds to defray the costs aforesaid. Sec. 2, Act of March 5, 1906, P. L. 75. For the procedure in making loans, see Sees. 629 to 649 above. The above act was declared unconstitutional in Stewart Contracting Co. V. Lehigh Co., 22 D. R. 690, on the ground that it was outside the purposes of the extra session of 1906 as expressed in the Governor's proclamation. 518 (c) Lighting. 1224. LIGHTING OF COUNTY BRIDGES AND CON- TRACTS THEREFOR AUTHORIZED. COST. Whenever con- bidered necessary for the safety and convenience of the traveling public, the county commissioners of the several counties of this Com- monwealth may supply and equip any county bridge, within their respective counties, with lights of such kind and character as they shall deem necessary. To carry out the provisions of this act, the county commissioners are authorized to contract with any individual, or with any municipal or private corporation, for the purpose of supplying the necessary light. The cost of the construction, erection, and maintenance of any lights placed upon any such bridge shall be paid by the county. Sec. 1, Act of April S, 1917, P. L. 52, No. 34. (d) Contracts for Repair, Building or Rebuilding Bridges by Counties. 1225. COUNTY COMMISSIONERS TO ADVERTISE IN NEWSPAPERS FOR SEALED PROPOSALS. TIME AND CONTENTS OF ADVERTISEMENT. From and after the pas- sage of this act, it shall not be lawful for any county commissioners of any county in this Commonwealth to make any contract to repair, build, or rebuild any county bridge or bridges without first making due advertisement, for at least three weeks, or, in case of emergency, one week, for sealed bids or proposals to repair, erect, build, or re- build any county bridge or bridges, in at least three newspapers pub- lished in the county where said proposals or bids are asked for ; said advertisement to contain the description of the repairs or plans of the kind of bridge required, and fixing the time when the proposals or bids shall be closed, and when said bids or proposals shall be opened. Sec. 1, Act of July 24, 1913, P. L. 1018, No. 462. The Act of March S, 1906, P. L. 74, is identical with this Act of 1913 with the exception of a slight change of wording in the above section, which on a reading of the whole act does not change its effect. The Act of 1906 was held unconstitutional in two lower court cases, French Creek Bridge, 21 D. R. 484 and Fayette Co. v. County Commissioners, 18 D. R. 217, on the ground that its purpose was not included in the Gov- ernor's proclamation calling the extra session of 1906; and on the further ground in the former case that the title of the act was not sufficient. The latter point would seem to apply with equal force to the Act of 1913. The question does not, however, seem to have been raised on this act. 519 1226; PROPOSALS TO BE ACCOMPANIED WITH SUF- FICIENT SECURITY. FILING. TIME OF FILING AND BIDDER'S NAME TO BE MARKED ON OUTSIDE OF PRO- POSALS. The proposals or bids must be accompanied, with such security as the county commissioners may require, which must be filed with the chief clerk, or some one in charge of the commissioners' office, at least one hour before the time fixed for the opening of the of the said bids or proposals; the time of the filing of said bid or bids must be marked on the outside of said bids, and the person's name with whom filed. Sec. 2, Act of July 24. 1913, P. L. 1018, No. 462. 1227. OPENING OF BIDS. The said bid or proposal shall be opened in public, and in the presence of not less than two of the county commissioners and the chief clerk, and a record made of each and every bid. See. 3, Act of July 24, 1913, P. L. 1018, No. 462. 1228. AWARDING OF CONTRACT. EXECUTION OF CONTRACT AND FILING BOND. APPROVAL BY COURT. AWARD TO NEXT LOWEST BIDDER IN CERTAIN CASES. REJECTION OF ALL BIDS AND ADVERTISING FOR OTHER PROPOSALS. The commissioners shall immediately, or as soon thereafter as possible, after the time fixed for the opening of said bids award the contract for the repair, building, or rebuilding of said bridge or bridges to the lowest responsible bidder, upon the condi- tion that said bidder must, within ten days after notice of award of said contract, sign and execute a contract for the faithful perform- ance of tlie proposal and furnish a bond in a sum not exceeding the amount of the contract, which contract and bond shall first be ap- proved by the court of quarter sessions : Provided, That if the lowest bidder neglects to comply with the conditions of his bid within the time required, the county commissioners shall award the same to the next lowest bidder. And provided further, That in case all bids are too high or unreasonable, in the opinion of the county commissioners, the county commissioners may reject any and all bids and advertise for new bids. Sec. 4, Act of July 24, 1913, P. L. 1018, No. 462. See the case of French Creek Bridge, 21 D. R. 484, holding similar Act of March 5, 1906, P. L. 74, unconstitutional. 1229. ACT NOT TO APPLY IN CASES WHERE COST IS LESS THAN $500. This act shall not apply to any contract for the repair, building, or rebuilding of any bridge or bridges that will cost less than five hundred dollars. See. 1, Act of March 14, 1919, P. L. 19, amending Sec. 5, Act of July 24, 1913. P. L. 1018. No. 4^2. 520 1230. CONTRACTS OF OVER $250 TO BE LET BY COUNTY COMMISSIONERS TO LOWEST RESPONSIBLE BIDDER, AFTER ADVERTISEMENT. MAY REJECT BIDS. BIDDING PRIVILEGE TO BE OPEN. PLANS AND SPECI- FICATIONS TO BE ON FILE AT COUNTY COMMISSION- ERS' OFFICE DURING ADVERTISING OF BIDS. BRIDGES ON BOUNDARY LINES. From and after the passage of this act, all contracts to build county bridges, where the cost thereof shall ex- ceed two hundred and fifty dollars, shall be let by the county com- missioners of the several counties of this Commonwealth, after pub- lic advertisement as hereinafter provided, and to the lowest respon- sible bidder, reserving to said county commissioners the right to re- ject any or all bids, and no responsible individual, firm or corpora- tion desiring to do so, shall be denied the privilege of bidding. Such advertisements shall be published not less than three weeks, — ^but in cases of emergency, not less than one week, — in at least three news- papers of the proper county, if so many be published therein. Dur- ing such advertising, and until the time specified therein for the re- ception of bids, the plans and specifications for such bridge, or a copy thereof, shall be kept in the office of the county commissioners, open to the inspection of all intending bidders. In the case of a bridge to be erected over a river or stream upon the line between two adjoin- ing counties, the advertising above, provided for shall be done in each of said counties, and a copy of the plans and specifications shall be kept as above provided.in the commissioners' office of each county. Sec. 1, Act of March 5, 1906, P. L. 75. The above act was declared unconstitutional in Stewart Contracting Co. y. Lehigh Co., 22 D. R. 690, on the ground that it was outside the. purposes of the extra session of 1906 as expressed in the Governor's proclamation. 1231. PENALTY FOR NOT ADVERTISING OR FOR PRE- VENTING FAIR COMPETITION IN BIDDING. FINE AND IMPRISONMENT. If any county commissioners shall make any contract for the construction of a county bridge, without first having made public advertisement as required by the first section of this act; (preceding section,) or if any county commissioners or any person or persons, shall do or permit anything which prevents fair competition in the making or submission of bids for such construction ; they shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars and be imprisoned not exceeding two years, or both or either, at the discretion of the court. Sec. 3, Act of March 5, 1906, P. L. 75. See note to preceding section. 521 1232. NOT TO AFFECT POWERS AND DUTIES OF COUNTY CONTROLLERS. This act shall not take away or diminish any powers, functions, or duties, relative to the letting of contracts, which may be vested by law in county controllers. Sec. 4, Act of March S, 1906, P. L. 75. iSee Sees. 620 and 626 above; sec also note to Sec. 1230 above. 1233. BUILDERS MAY BRING ACTION FOR COMPENSA- TION FOR ADDITIONAL WORK CAUSED BY DEVIATIONS OR ALTERATIONS DIRECTED BY COMMISSIONERS IN PLAN CONTRACTED FOR. In all cases where bridges shall have been or may be erected for a county, and deviations from or altera- tions in the plan contracted for, have been made by the direction of the county commissioners, where the county commissioners and builder cannot agree upon thft compensation to be made therefor, it shall and may be lawful for such builder to recover any sum to which he may be justly entitled for such deviations and alterations, beyond the contract price, in an action for work, labor and service done and performed, and material found and provided. Sec. 2, Act of April 11, 1848, P. L. 506. This section was repealed as far as it related to Lehigh county, by ' the Act of April 3, 1851, P. L. 868. (e) Maintenance and Repair. 1234. COMMISSIONERS TO REPAIR COUNTY BRIDGES. EXPENSES PAID OUT OF COUNTY TREASURY. From and after the passage of this act, it shall be the duty of the county com- missioners of the several counties of this Commonwealth to repair all county bridges, heretofore erected or to be hereafter erected by the county, and to pay the expenses of such repairs out of the county treasury, in the usual manner. Sec. 1, Act of March 30, 1905, P. L. 81, No. 57. 1235. PAINTING AND TIGHTENING OF BOLTS OF IRON OR STEEL BRIDGES. The county commissioners of the several counties of this Commonwealth are authorized and required to have the county bridges of their respective counties, which are constructed of iron or steel, painted, and the bolts of the same drawn, as often as may be necessary, to preserve them from the effects of rust and pre- vent unnecessary wear occasioned by loose bolts. Sfc. 1, Act of April 21, 1903, P. L. 228. 522 1236. CONTRACTS FOR WORK. ADVERTISEMENT. OPENING BIDS. AWARD. NOT TO APPLY TO CERTAIN CONTRACTS. Said county commissioners shall, whenever it may be necessary to paint any of the county bridges, and tighten the bolts thereof, as required by section one of this act, cause to be published, at least once a week for four successive weeks, in two newspapers of the proper county, a list of such bridg'es, stating their location, and specifying the kind and quantity of paint to be used, and asking for sealed bids for furnishing the material and .doing the work upon each separate bridge, which bids shall be opened on the first Monday fol- lowing the close of said four weeks, or as soon thereafter as prac- ticable, and the contract for material and work upon each bridge shall be given to the lowest and best bidder. This section shall not apply to contracts for the painting and draw- ing of bolts of such bridges that will cost less than two hundred and fifty dollars. Sec. 1, Act of May 31, 1919, P. L. 3SS, amending Sec. 2, Act of April 21, 1903, P. L. 228, as amended by Sec. 1, Act of July 24, 1913, P. L. 1020. (f) Temporary Substitutes for Bridges. 1237. FERRIES, ETC., AUTHORIZED ON DESTRUCTION, ETC., OF BRIDGE. JOINT ACTION OF ADJOINING COUN- TIES. Hereafter county commissioners of the several counties of this Commonwealth, where county bridges, within the respective counties, shall have been heretofore and shall hereafter be destroyed or rendered impassable by fire, storm, flood, or other casualty, may in their discretion provide, at the expense of the proper county, ferries or other temporary ways, as a substitute for such destroyed or im- T.assable brideres, until such county bridge shall be rebuilt or rendered fit for public travel ; and where a county bidge spans a steam which is the boundary between two counties of this Commonwealth, and the bridge across such stream has been built and maintained at the joint expense of said adjoining counties, in every such case the establish- ment and maintenance of such ferry or temporary way shall be, by the joint, discretionary action of the boards of commissioners of said counties, and the expense thereof shall be borne by said counties in equal shares. Sec. 1, Act of March S, 1903, P. L. 13, No. 15. (g) Rebuilding by County. 1238. REBUILDING AUTHORIZED ON APPROVAL OF OTTARTER SESSIONS AND GRAND JURY WHEN EXISTING BRIDGE NOT SUFFICIENT. Whenever it shall appear to the commissioners of any county that any county bridge, heretofore, or 523 hereafter to be, erected or constructed, is not sufficient for any cause to accommodate the public travel, it shall be lawful for the said com- missioners to erect and construct a new and sufficient bridge to take the place of the then existing bridge : Provided, however, That said commissioners first have the approval of the court of quarter sessions and of the grand jury of the proper county. The said new bridge when constructed shall be a county bridge. Sec. r, Act of February 14, 1907, P. L. 3. 1239. DUTY TO REBUILD BRIDGES DESTROYED OR PARTIALLY DESTROYED. PAYMENT OF EXPENSES. VIEW AND INSPECTION. It shall be the duty of the county commissioners of the several counties of this commonwealth, to re- build and re-construct all bridges heretofore built or that may here- after be erected by the county commissioners of any of the counties of this commonwealth, whether the same have been or shall be con- structed under the general laws of this commonwealth relating to roads and bridges or under any special act of assembly for that pur- pose ; whenever any such bridge has been or shall hereafter be blown down, destroyed, partially destroyed or swept away by floods, freshets, ice, storm, fire, or other casualty, at the expense of the county wherein such bridge was located ; and it shall be the duty of the county commissioners of the rieispective counties to pay the ex- penses of re-building any such bridge out of the county treasury in the usual manner : Provided, That after the completion of any such bridge, it shall be Sybject to view and inspection, as is provided for in the act to v/hich this is a supplement. Sec. 1, Act of May 5, 1876, P. L. 112, No. 84. This act is a suppleitient to the Act of June 13, 1836, l'. L. 551. The provisions as to view and inspection referred to will be found in Sees. 1308 to 1319 below. See also sub-division (i) of this chapter below. 1240. BORROWING MONEY AND BOND ISSUE AUTHOR- IZED. For the purpose of carrying into effect the provisions of this get, the county commissioners of the respective counties of this com- monwealth are hereby authorized to borrow any sum of money not exceeding the constitutional limitations, if necessary for the purposes aforesaid, at a rate of interest not exceeding six per centum, and to issue bonds therefor in sums not exceeding five hundred dollars each. Sec. 2, Act of May 5, 1876, P. L. 112, No. 84. For the procedure in making loans see Sees. 629 to 649 above. 524 (h) Closing, Vacating, Abandonment and Removal. 1241. AUTHORIZED IN CERTAIN CASES UPON AP- PROVAL OF GRAND JURY AND QUARTER SESSIONS. Whenever it shall appear to the commissioners of any county that any county bridge, heretofore or hereafter to be erected, purchased, or acquired by any county, has become burdensome and is no longer necessary for the accommodation of public travel, whether from the erection or opening of other bridges in the vicinity thereof or from any other cause, it shall be lawful for said commissioners to close, vacate, abandon, and remove said bridge : Provided, however, That the abandonment and removal of said bridge be first approved by the grand jury and court of quarter sessions of the proper county. Sec. 1, Act of June 1, 1915, P. L. 711. (i) Building and Rebuilding County Bridges by the State. 1. Building when Debt of County would Exceed Constitu- tional Limitation. 1242. COURT OF DAUPHIN COUNTY TO APPOINT VIEWERS UPON PETITION OF COUNTY COMMISSIONERS IN CERTAIN CASES. Whenever the county commissioners of any county of this Commonwealth shall apply by petition to the court of common pleas of Dauphin County, setting forth that there is neces- sity for a public bridge in the county of such commissioners, over any river not more than one thousand feet and not less than five hundred feet in width, at a point not less than ten miles distant from the near- est public bridge over the same river, and that the indebtedness of the county in which it is proposed to erect said bridge, increased by the cost of such proposed bridge, would exceed the constitutional limitation of two per centum of the assessed valuation of said county, it shall be the duty of the said court to appoint five viewers, one of whom shall be a civil engineer, and not more than two of whom shall be residents of the county wherein it is proposed to erect said bridge. Sec. 1, Act of May S, 1911, P. L. 177, No. 138. 1243. VIEWERS TO MEET AT THE SITE. REPORT TO COURT WITH RECOMMENDATIONS. The viewers so ap- pointed, having been duly qualified to faithfully perform their duties, shall proceed to the location of the proposed bridge, and make report at such time as the said court may direct, setting forth in said report the location and length of the proposed bridge, together with the lecommendation of the viewers as to the kind and character of the bridge needed and the probable cost thereof. Sec. 2, Act of May 5, 1911, P. L. 177, No. 138. 525 1244. ATTORNEY GENERAL TO RECEIVE NOTICE OF FILING PETITION AND APPLICATION FOR VIEWERS. TO DEFEND INTERESTS OF COMMONWEALTH. The At- torney General of the Commonwealth shall have due notice of the time of filing the petition and the application for viewers, and it shall be his duty to appear for and defend the interests of the Common- wealth in all such proceedings. Sec. 3, Act of May 5, 1911, P. L. 177, No. 138. 1245. PROCEDURE AFTER FILING OF REPORT OF VIEWERS. COSTS AND EXPENSES TO BE BORNE BY STATE. Upon the filing of such report, all proceedings shall be in the same manner and to the same extent, and all costs and expenses of said proceedings shall be borne in the same manner and to the same extent, as in the case of county bridges destroyed by flood or wind-storm, for the rebuilding of which the State is now liable under existing laws. Sec. 4, Act of May S, 1911. P. L. 177, No. 138. For procedure in rebuilding county bridges destroyed by flood, etc., see Sees. 1249 to 1?S9 below. 2. Rebuilding Bridges partly Constructed by County and Destroyed before Completion. 1246. DUTY TO REBUILD PLACED ON COMMON- WEALTH IN CERTAIN CASES. CONTRIBUTION BY COUNTY. Whenever a report of viewers in favor of a county bridge over any river of this Commonwealth, not less than one thou- sand feet in width, has been confirmed and approved by the court, the grand jury and county commissioners of the county in which the same is situate, and the county commissioners have expended fifty per centum of the contract pripe therefor, in the actual erection and construction of the said bridge, and, before the final completion there- of, the portions so already erected shall have been destroyed or car- ried away by floods, thereupon the Commonwealth of Pennsylvania shall rebuild such bridge, in the same manner as if it had been a completed bridge, owned, controlled and maintained by such county : (See sections 1249 to 1259 below.) Provided, That said county shall contribute toward the erection and reconstruction of said bridge the balance of the original contract price remaining unexpended at the time of such destruction. Sec. 1, Act of April 17. 190S, P. L. 192. 526 1247. DAUPHIN COUNTY COURT TO APPOINT VIEW- ERS UPON PETITION OF COUNTY COMMISSIONERS. VIEWERS TO MEET AND MAKE REPORT WITH RECOM- MENDATIONS. NOTICE TO ATTORNEY GENERAL. CAN- CELLATION OF COUNTY'S CONTRACT. USE OF MA- TERIALS. Whenever such partially constructed bridge shall have been so carried away or destroyed, the county commissioners of the county in which the same was located may apply by petition to the court of common pleas of Dauphin county, setting forth fully in such petition the facts as required in the first section of this act. Where- upon it shall be tlie duty of the said court to appoint five viewers, one of whom shall be a civil engineer, and not more than two of whom shall be residents of the county wherein such bridge is erected. The viewers so appointed, having been duly qualified to faithfully perform their duties, shall proceed to the location of the proposed bridge, and make report, at such time as the court may direct, setting forth in said report the location and length of the bridge reported by the county viewers, the time when said report was confirmed by the court of quarter sessions, the length of the bridge as contracted for by the coimty commissioners, the contract price for the same, the amount of money expended or for which the said county has become liable before the destruction thereof, the time when the same was de- stroyed, together with the recommendation of the viewers as to the kind and character of the bridge needed and the possible cost thereof. The Attorney General of the Commonwealth shall have due notice of the filing of said petition and application for viewers : Provided, how- ever, That there shall be filed with said petition an agreement be- tween the coimty and contractors that each of said parties are agreed that said contract shall cease and determine as to any liability, by reason of the further construction of said bridge by the State : And provided further, That the Commonwealth in rebuilding such bridge shall have the right to use any and all material already paid for by the county, without any liability for the value of the same. Sec. 2, Act of April 17, 1905, P. L. 192. 1248. PROCEDURE AFTER FILING OF VIEWERS' RE- PORT. COSTS AND EXPENSES TO BE BORNE BY STATE. T Jpon the filing of such report, all proceedings thereon shall be in the same manner and to the same extent, and all costs and expenses of said proceedings shall be borne in the same manner and to the same extent, as in the case of county bridges already erected, for the re- building of which the State is now liable under existing laws. (See sections 1249 to 1259 below.) Sec. 3, Act of April 17, 1905, P. L. 192. 527 3. Rebuilding Bridges over Navigable Streams when De- stroyed by Flood or Windstorm. 1249. DUTY TO REBUILD PLACED ON COMMON- WEALTH. From and after the passage of this act, the Common- wealth of Pennsylvania shall, from time to time, rebuild all bridges maintained, owned and controlled by the several counties, and known as county bridges, which are now or may hereafter be erected over and across the navigable rivers and such other streams as have been declared public highways by act of Assembly, which may hereafter be carried away or destroyed by flood or wind storm, and rebuild the same in case the same are again carried away or destroyed from like cause. Sec. 1, Act of April 21, 1903, P. L. 230, amending Sec. 1, Act of June 3, 189S, P. L. 130, No. 101. This Act of June 3, 1895, was saved from repeal by Sec. S, Act of May 6, 1897, P. L. 46, the remaining provisions of which act will be found in Sees. 1298 to 1301 below. 1250. COUNTY COMMISSIONERS MAY APPLY TO DAUPHIN COUNTY COURT. COURT TO APPOINT VIEW- ERS. VIEWERS TO MEET AND MAKE REPORT AND RECOMMENDATIONS. NOTICE TO ATTORNEY GEN- ERAL. DUTIES OF ATTORNEY GENERAL. Whenever any such county bridge shall be so carried away or destroyed by flood or wind storm, the county commissioners of the county in which such bridge may be located, — or, when such bridge crosses the boundary line between two counties, then the commissioners of both counties, —may apply by petition to the court of common pleas of Dauphin county, setting forth fully in said petition the location of such bridge, the time when a bridge was first erected in the same location, the time when the bridge was carried away by flood or destroyed by wind storm, the character of the bridge so carried away or destroyed, and the probable cost of replacing the same. Whereupon it shall be the duty of the court to appoint five viewers, one of whom shall be a civil engineer, and not more than two of whom sh^H be residents of the county wherein such bridge is proposed to be built. The viewers so appointed, after having been duly qualified to faithfully perform their duties, shall proceed to view the location of the proposed bridge, and make report at such time as the court may direct ; which report shall contain an accurate statement of the kind and character of the bridge carried away or destroyed which it is proposed to replace, the length of time since the first bridge was built on the proposed location, the length of the bridge, together with a recommendation of the viewers as to the kind of bridge needed and the probable cost thereof, and it shall be the duty of the said viewers to inquire whether the accom- 528 modations of the traveling public in the locality demands the rebuild- ing of said bridge : Provided, That the Attorney General shall have due notice of the time of filing the petition and the application for viewers, and.it shall be his duty to appear for and defend the inter- ests of the Commonvirealth in all such proceedings. Sec. 2, Act of April 21, 1903, P. L. 230, amending Sec. 2, Act of June 3, 1895, P. L. 130, No. 101. 1251. EXCEPTIONS TO REPORT OF VIEWERS. AP- PEALS FROM ORDER OF COURT. DUTIES OF BOARD OF PUBLIC GROUNDS AND BUILDINGS. ADVERTISING FOR PROPOSALS. AWARD OF CONTRACTS. Upon the filing of such report, both the county and the Commonwealth shall have the right to file exceptions thereto at any time within thirty days ; and it shall be the duty of the court after full hearing, by depositions or otherwise as the said court may direct, to determine all questions raised by the petition or exceptions; and to the final order so made, either the county or the Commonwealth shall have the right of an appeal to the Supreme Court, at any time within thirty days. In case the report of the viewers, or a majority of them, is in favor of the erection of the bridge, and the same is confirmed by the court, the court shall order and decree such rebuilding; and thereupon it shall be the duty of the Board of Public Grounds and Buildings im- mediately, to proceed and have prepared, in conformity with the re- port of the viewers, such plans and specifications of the proposed bridge as may be necessary, and appoint a superintefndent of con- struction, and fix his compensation for said services, which shall not exceed five per centum of the amount of the contract ; and after ad- vertising for bids in not less than three daily newspapers, two of which shall be published in the county or counties in which such bridge is located, and the other in one newspaper published in the State Capital, for a period of three weeks, — and in counties in which two daily newspapers are not published, such notice, in the weekly newspapers of the county or counties, or otherwise, shall be given as the court may order and direct, — shall proceed to let the contract for the rebuilding of such bridge to the lowest and best bidder. In case they shall not conclude to reject all bids submitted, which they are hereby expressly authorized to do, and thereupon to readvertise in the manner aforesaid for bids, and upon the acceptance of the lowest and best bidder, the Board of Public Grounds and Buildings, on be- half of the Commonwealth, shall enter into contract for the same with such bidder, under the advice and direction of the Attorney Gen- eral. Sec. 3, Act of April 21, 1903, P. L. 230, amending Sec. 3, Act of June 3, 1895, P. L. 130, Np. 101. 529 1252. COURT TO APPOINT INSPECTORS. REPORT TO COURT. Every bridge so erected by the Commonwealth under con- tract with it, shall be inspected by three fit persons, to be appointed by the said court, none of whom shall be residents of or property holders in the county wherein the bridge is located and make report of the result of their inspection to the said court. Sec. 4, Act of April 21, 1903, P. L. 230, amending Sec. 4, Act of June 3, 1895, P. L. 130, No. 101. 1253. PROCEEDINGS ON REPORT OF INSPECTORS. When report is made by said inspectors that such bridge has been erected according to the contract for the erection of the san;e, the same shall be approved by the court ; but if the persons so appointed to inspect such bridge shall not approve of the same they shall re- port to the court what sum in their judgment ought to be deducted from the sum stipulated in such contract, and thereupon the court shall grant a rule upon the builder or contractor to show cause against the said report, at a time and place in such rule to be named. After the service and return of such rule it shall be lawful for the builder or contractor to file a declaration or statement in the said court of common pleas of Dauphin county upon the contract made by him with the Commonwealth, as aforesaid, and thereupon proceed to trial in due course, in like manner as if an action had been, commenced by him upon such contract against the Commonwealth. Sec. 5, Act of June 3, 1895, P. L. 130, No. 101. 1254. PARTIAL PAYMENTS TO BUILDERS TO BE MADE FROM TIME TO TIME. LIMITATIONS. AUDITOR GEN- ERAL TO DRAW WARRANT FOR FINAL PAYMENT OF AMOUNT DUE. Partial payments on contracts, heretofore or hereafter entered into, shall be made, from time to time, to the con- tractor as the work progresses, based upon estimates made by the superintendent of construction, setting forth the relative value of work done, and by him approved at the time of estimate, as compared with the total contract price; all such estimates, however, to be ap- proved by a majority of the Board of Public Grounds and Buildings before payment ; but at no time before the completion of the work, and final approval thereof by the court, shall any payment pr pay- ments be made in excess of eighty per centum of the estimated value of work done, and approved by the superintendent of construction, in manner aforesaid. If, by the report of the inspectors, it appears that said bridge has been built in conformity with the terms of the con- tract and specifications, and sudi report is approved by the court, payment shall be made of all the contract price not previously paid. 34 ,1.^1 i Upon approval of any estimate by the Board of Public Grounds and Buildings, or upon approval by the court of the report of the inspec- tors, finding that the bridge has been built in conformity with the terms of the contract and specifications, as the case may be, it shall become the duty of the Auditor General to draw a proper warrant upon the State Treasurer, in accordance with the foregoing, payable cut of the appropriation made for such purpose ; and in the event that, by the report of said inspectors, it is made to appear that a deduction should be majle from the contract price, as hereinbefore mentioned, and such report is acquiesced in by the contractor, or the amount of the contract price owing is finally determined by the said court, in the manner hereinbefore provided, it shall be the duty of the Auditor General, in like manner, to draw a proper warrant for such sum as shall thus appear to be owing, exclusive of any payments that have been previously made, upon the State Treasurer, payable out of the appropriation made for such purpose, in full satisfaction of the clEums of the contractor. Sec. 1, Act of April 4, 1907, P. L. 56, amending Sec. 6, Act of June 3, 1895, P. L. 130, No. 101. 1255. COURT TO FIX AMOUNT OF FEES AND EX- PENSES. TO BE PAID BY COUNTY OR COUNTIES IN WHICH LOCATED. The fees and expenses to be allowed the viewers and inspectors, and the proper charge for the preparation of the plans and specifications of such bridge and the superintending of construction of the same, the cost of advertising, costs of all legal pro- ceedings, and all other costs and expenses whatsoever, shall be paid by the county or counties in which the bridge Is located; and the amount of the fees and expenses herein provided to be paid shall be fixed by the court, according to the circumstances of the case, upon notice to the county commissioners. Sec. 7, Act of April 21, 1903, P. L. 230, amending Sec. 7, Act of June 3, 1895, P. L. 130, No. 101. 1256. COUNTY IN WHICH LOCATED TO MAINTAIN AND KEEP BRIDGE IN GOOD REPAIR, IN CASES OF CON- NECTING TWO COUNTIES EXPENSE TO BE BORNE JOINTLY. All bridges erected under the provisions of this act shall be maintained, and at all times kept in good repair, by the county in which the same may be located, at its proper expense, and in case such bridge is over any stream forming the boundary line be- tween two counties, the same shall be maintained and kept in repair at the joint expense of such counties. Sec. 8, Act of June 3, 1895, P. L. 130, No. 101, 531 1257. AWARDING OF CONTRACTS SHALL NOT EXCEED A CERTAIN SUM ANNUALLY. The Board of Commissioners of Public Grounds and Buildings, in contracting under the act of twenty-first of April, nineteen hundred and three, for the rebuilding of county bridges carried away or destroyed by flood or wind storm, shall not exceed in the aggregate award of such contracts the sum of seven hundred and fifty thousand dollars in any one year. Sec. 1, Act of February 15, 1906, P. L. 30, No. 8. 1258. PENALTY FOR PREVENTING FAIR COMPETITION AND FOR COLLUSION. Any corporation, person or persons, who shall do or permit any act which interferes or prevents fair competition among bidders, or submits a collusive bid, or enters into collusion in the making or submission of bids or in obtaining the same, for any such construction, repairing or rebuilding, shall be guilty of a misdemeanor ; and, upon conviction, shall be sentenced to pay a fine not exceeding one thousand dollars or to undergo im- prisonment for the term of two years, or either or both, at the dis- cretion of the court. Sec. 2, Act of February 15, 1906, P. L. 30, No. 8. 1259. GRADE CROSSINGS MAY BE ELIMINATED UPON RECOMMENDATION OF VIEWERS. AGREEMENTS WITH CITY, COUNTY OR RAILROAD COMPANY FOR JOINT PAYMENT. LIMITATION OF AMOUNT TO BE EXPENDED BY STATE. In rebuilding any bridge, under the provisions of the act to which this act is a supplement, the Boai-d of Public Grounds and ^uildings, to facilitate public travel and eliminate grade cross- ings, may rebuild such bridge and the necessary approaches thereto at a lower or higher elevation than the former bridge, or may rebuild upon a nt\v site, provided the viewers appointed by the court of com- mon pleas of Dauphin County recommended such change of site or elevation. In rebuilding any bridge and the approaches thereto, under said act or under this act, the board and any city, county, or railroad com- pany, or any two or more of them, may enter into agreements for the joint payment, in proportion to be agreed upon, of the cost of such re- building of said bridge and the approaches, necessary to eliminate said grade crossings and facilitate public travel, provided the sum to be expended by the Commonwealth shall not exceed the cost of rebuild- ing the bridge at the old site and elevation, which cost the viewers aforesaid, with the approval of the court, are authorized to estimate and set forth in their report. Sec. 1, Act of May 28, 1913, P. L. 367, No. 252, supplementing Act of June 3, 1895, P. L. 130. 532 4. Rebuilding Bridges over 800 Feet in Length Wholly Within One County, on State Highways and De- stroyed By Fire Prior to May 16, 1919. 1260. STATE TO REBUILD. The Commonwealth of Pennsyl- vania shall rebuild all county bridges, over eight hundred feet in length, lying wholly within any one county, and located on State highway routes, which have been heretofore destroyed by fire. Sec. 1, Act of May 16, 1919, P. L. 196. 1261. COUNTY COMMISSIONERS MAY PETITION COURT OF COMMON PLEAS OF DAUPHIN COUNTY. The county commissioner in any county in which such county bridge was located may apply by petition to the court of common pleas of Dauphin county, setting forth fully in said petition the location of such bridge, the time when a bridge was first erected in the same location, the time when the bridge was destroyed by fire, the character of the bridge so destroyed, and the probable cost of rebuilding the same. Sec. 2, Act of May 16, 1919, P. L. 196. 1262. APPOINTMENT OF VIEWERS. QUALIFICATIONS. Thereupon it shall be the duty of the court to appoint three viewers, one of whom shall be a civil engineer, and not more than two of whom shall be residents of the county wherein such bridge is proposed to be built. Sec. 3, Act of May 16, 1919, P. L. 196. 1263. DUTIES OF VIEWERS. REPORT. The viewers so appointed after having been duly qualified to faithfully perform their duties, shall proceed to fix the location of the proposed bridge, and make report at such time as the court may direct, which report shall contain an accurate statement of the kind and character of the bridge destroyed which it is proposed to replace, the length of time since the first bridge was built on the proposed location, the length of the bridge, together with the recommendation of the viewers as to the kind of bridge needed and the probable cost thereof. It shall be the duty of the said viewers to inquire whether the accommodations of the traveling public in the locality demands the rebuilding of said bridge. Sec. 4, Act of May 16, 1919, P. L. 196. 1264. NOTICE TO ATTORNEY GENERAL. Due notice shall be given to the Attorney General of the time of filing the petition and application of viewers, and it shall be his duty to appear for and de- fend the interests of the Commonwealth in all such proceedings. Sec. 5, Act of May 16, 1919, P. L. 196. . 533 1265. EXCEPTIONS TO REPORT OF VIEWERS. Upon the filing of such report, the county interested and the Commonwealth shall have the right to file exceptions thereto at any time within thirty days. ^ Sec. 6, Act of May 16, 1919, P. L. 196. r 1266. DUTY OF COURT. APPEALS TO SUPREME COURT. It shall be the duty of the court, after full hearing by deposition or otherwise as the said court may direct, to determine all questions stated in the petition or the exceptions thereto, and to enter a final order thereupon, from which order such county or the Common- wealth shall have the right of an appeal to the Supreme Court within thirty days. Sec. 7, Act of May 16, 1919, P. L. 196. 1267. RE-BUILDING DIRECTED. DUTIES OF BOARD OF PUBLIC GROUNDS AND BUILDINGS. In case the report of the viewers, or a majority of them, is in favor of the erection of the bridge, and the same is confirmed by the court, the court shall order and direct such rebuilding. Thereupon it shall be the duty of the Board of Commissioners of Public Grounds and Buildings immediately te proceed and have prepared, in conformity with the report of the viewers, such plans and specifications of the proposed bridge as may be necessary, and shall appoint a superintendent of construction, and fix his salary, which shall in no case exceed five per centum of the amount of the contract. Sec. 8, Act of May 16, 1919, P. L. 196. 1268. ADVERTISING FOR BIDS. LETTING OF CON- TRACTS. After advertising for bids in not less than three daily newspapers, two of which shall be published in the county in which such bridge is located, and the other in one newspaper published at the seat of the government, for a period of three weeks, the Board of Commissioners of Public Grounds and Buildings shall proceed to let the contract for the rebuilding of such bridge to the lowest and best bidder. In case all bids are rejected, the Board of Commis- sioners of Public Grounds and Buildings shall readvertise and let bids in the manner hereinbefore provided. Sec. 9, Act of May 16, 1919, P. L. 196. 1269. INSPECTION OF BRIDGE. REPORT. Every bridge so erected by the Commonwealth shall be inspected by three fit per- sons, to be appointed by the court of common pleas of Dauphin 534 County, none of whom shall be residents of, or property holders in, the county wherein the bridge is located, who shall make report to the court of the result of their inspection. Sec. 10, Act of May 16, 1919, P. L. 196. 1270. PROCEDURE ON UNFAVORABLE REPORT OF IN- SPECTORS. When the report is made by the inspectors that such bridge has been erected according to the contract for the erection of the same, the report shall be approved by the court. If the persons so appointed shall not approve the same, they shall report to the court what sum in their judgment ought to be deducted from the sum stipulated in such contract. Thereupon the court shall grant a rule upon the builder or contractor to show cause against the said re- port at the time and place named in the rule. After the service and retlJTJi of such rule, it shall be lawful for the contractor to file a statemwit in the court of common pleas of Dauphin County upon the contract made by him with the Common- wealth, and thereupon to proceed to trial in like manner as if an ac- tion had been commenced by him upon such contract against the Commonwealth. Sec. 11, Act of May 16, 1919, P. L. 196. 1271. PAYMENTS ON CONTRACT BY STATE. Partial pay- ments on the contract shall be made from time to time to the contrac- tor, as the work progresses, upon estimates made by the superintend- ent of construction, setting forth the relative value of work done and by him approved at the time of estimate as compared with the total contract price; all such esimates, however, shall be approved by a majority of the Board of Commissioners of Public Grounds and Buildings before payment is made. At no time before the com- pletion of the work and final approval thereof by the court, shall any payments be made in excess of eighty per centum of the estimated value of work done and approved by the superintendent of construc- tion. If by the report of the inspectors it appears that said bridge has been built in conformity with the terms of the contract and specifi- cations, and such report is approved by the court, payment shall be made of all the contract price not previously paid. Upon approval of any estimate by the Board of Commissioners of Public Grounds and Buildings, or upon the approval by the court of the report of the inspectors, stating that the bridge has been built in conformity with the terms of the contract, as the case may be, it shall be the duty of the Auditor General to draw his warrant upon the State Treasurer in accordance with the foregoing. The warrant shall be payable out of 535 any appropriation made to the Board of Commissioners of Public Grounds and Buildings for the purpose of the rebuilding of bridges by the Commonwealth, In the event that by the report of said inspectors it is made to ap- pear that deductions should be made from the contract price, and such report is acquiesced in by the contractor, or the amount of the contract price owing is finally determined by the court in the manner hereinbefore provided, it shall be the duty of the Auditor General in Hke manner to draw his warrant for such sum as shall appear to be owing, exclusive of any payments that have been previously made, which warrant shall be payable likewise out of any appropriation made to the Board of Commissioners of Public Grounds and Build- ings for the purpose of rebuilding bridges by the Commonwealth. Sec. 12, Act of May 16, 1919, P. L. 196. 1272. FEES, COSTS AND EXPENSES TO BE PAID BY COUNTY. The fees and expenses to be allowed the viewers or in- spectors, and the proper charges for the preparation of the plans and specifications of such bridge, the superintending of construction of the same, the costs of all legal proceedings, and all other costs and expenses whatsoever, shall be paid by the county in which the bridge is located, and the amount of such charges, costs, and expenses, herein provided for, shall be fixed by the court of common pleas of Dauphin County, according to the circumstances of the case, upon notice of the county commissioners. Sec. 13, Act of May 16, 1919, P. L. 196. 1273. BRIDGES TO BE MAINTAINED AND KEPT IN RE- PAIR BY COUNTY. Until otherwise by law provided, all bridges erected under the provisions of this act shall be maintained and kept in good repair by the county in which the same may be located. Sec. 14, Act of May 16, 1919, P. L. 106. (j) Purchase, Condemnation or Taking Over Public Toll- Bridges and Private Bridges. (MOTE: See also Sec. 1347 and 1348 below.) 1. Toll-Bridges Crossing Rivers or Streams. 1274. PURCHASE OR CONDEMNATION AUTHORIZED WHEN APPROVED BY QUARTER SESSIONS ON PETITION OF TAXPAYERS. The several counties of this Commonwealth are authorized to purchase or condemn any public toll-bridge crossing any river or stream within the limits of such counties. Proceedings for the purchase or condemnation of any bridge, under this act, may 536 be instituted by said county upon the approval thereof by the court of quarter sessions of such county, on petition of at least twenty tax- payers of the county where such bridge is situated, representing that the said bridge is necessary to the accommodation of public travel, and that payment of tolls on such bridge is burdensome to the travet ing public, and praying that the same shall be taken as a county bridge. Sec. 1, Act of March 24, 1909, P. L. 73. 1275. WHEN PRICE CANNOT BE AGREED ON, COMMON PLEAS TO APPOINT VIEWERS AND FIX TIME FOR VIEW. In case the county then desires to obtain any such bridge, and is un- able to agree with the owner or owners of the bridge upon the price to be paid therefor, any court of common pleas of the county wherein said bridge is located, or any law judge thereof in vacation, on appli- cation therefor by petition of said county, shall appoint three discreet and disinterested persons as viewers; and appoint a time, not less than ten nor more than twenty days thereafter, when said viewers shall meet and inspect the said bridge and view the same, together v/ith the approaches and appurtenances thereto. Sec. 2, Act of March 24, 1909, P. L. 73. These viewers would now be appointed from the county board of viewers. See Sees. 538 to 546 above. 1276. PROCEEDINGS BY AND BEFORE VIEWERS. The said viewers, having been duly sworn or affirmed justly and im- partially to decide and true report to make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire in pursuance of the provisions of this act, and having viewed the said bridge, together with the approaches and appurtenances thereto, shall hear all parties interested and their wit- nesses ; and shall estimate and determine the damages for the prop- , erty taken, and to whom the same is payable ; and prepare a schedule thereof, and give notice to all parties interested of a time, not less than ten days thereafter, and of a place where they will meet and ex- hibit said schedule, and hear all objections thereto and evidence. Notice of the time and place of said meeting shall be given by per- sonal service upon all parties in interest, or their attorneys of record. After making whatever changes are deemed necessary, the said view- ers shall make report to the court, showing the damages allowed and to whom the same is payable, and file therewith a plan showing the bridge, together with the approaches and appurtenances thereto. Sec. 3, Act of March 24, 1909, P. L. 73, See note to preceding section, 537 1277. TIME FOR APPOINTMENT OF VIEWERS. COSTS OF PROCEEDINGS. COMPENSATION OF VIEWERS. The viewers provided for in the foregoing sections may be appointed be- fore, or at any time after, the entry, taking, or appropriation of the said bridge, together with the approaches and appurtenances thereto. The costs incurred in the proceedings aforesaid shall be defrayed by the county, and each of the viewers shall receive such compensation as may be fixed by the court. Sec. 4, Att of March 24, 1909, P. L. 73. For present provisions as to compensation of viewers see Sec. 173 above. 1278. PROCEEDINGS SUBSEQUENT TO REPORT OF VIEWERS. Upon the report of said viewers, or any two of them, being filed in said court, either party may within thirty days there- after file exceptions to the same , and the court shall have power to confirm said report, or to modify, change, or otherwise correct the same, or refer the same back to the same or new viewers, with like power as to their report; or, within thirty days from the filing of any report in court, or the final confirmation thereof, either party may appeal and demand a trial by jury; and either party may, within thirty days after final decree, have an appeal to the Superior or to the Supreme Court, according to law. Upon final confirmation, in any of the cases provided in this section, the award shall be a good and valid judgment against the said county. The said court of common pleas shall have power to order what notices shall be given in con- nection with any part of said proceedings, and may make all such orders as it may deem requisite. Sec. 6, Act of March 24, 1909, P. L. 73. 1279. BOND TO SECURE PAYMENT OF AWARDS, ETC. RIGHT OF IMMEDIATE POSSESSION. If the compensation to be paid for any bridge, which the county desires to obtain, cannot be agreed upon between the owners thereof and such county, and if the county desires to take possession of such bridge, it shall be lawful for it to tender its bond as security to the owner or owners of such bridge, — the condition of which shall be that the said county shall pay or cause to be paid such amount of damages as the owner or owners thereof shall be entitled to receive, after the same shall have been agreed upon by the parties, or awarded in the manner provided for by this act. In case the owner or owners of such bridge refuse or do not accept the said bond, the said county shall give the owner or owners thereof written notice of the time when the same will be pre- sented for approval ; and may present said bond to a court of common pleas of the county wherein said bridge is located; and, when ap- 538 proved, the said bond shall be filed in court for the benefit of said owner or owners, and upon the approval of said bond said county may enter upon, appropriate, take, hold, use, and control such bridge. Sec. S, Act of March 24, 1909, P. L. 73. 1280. DISCONTINUANCE OF PROCEEDING BY COUNTY PRIOR TO ENTRY UPON, TAKING, ETC. In case any county shall discontinue any proceeding taken, providing for the appropria- tion or condemnation of any bridge, prior to the entry upon, taking, or appropriation thereof, and before judgment therein, the said county shall not thereafter be liable to pay any damages which have been or might have been allowed; but all costs upon any proceeding had thereon shall be paid by it, together with any actual damage, loss, or injury sustained by reason of such proceedings; and such damage, loss, or injury shall be determined and fixed by the court in which the proceedings are pending. Sec. 7, Act of March 24, 1909, P. L. 72. 1281. TO BE PUBLIC BRIDGE. TOLLS OR RENTALS FOR SPECIAL USE. PRESERVATION OF EXISTING CON- TRACTS. Whenever any bridge shall be purchased or condemned under this act, the county shall control, maintain, and use the said bridge as a public bridge ; but it shall have power to charge tolls or rentals, for the use thereof, from railway, telephone, and telgraph companies, and other persons making a. use thereof for other than ordinary public foot and vehicle travel : Provided, That where con- tracts exist between such persons and the owners of the bridge, such contracts shall be preserved for the benefit of the county, and shall be assigned thereto. Sec. 8. Act of March 24, 1909, P. L. 73. 2. Toll-Bridges Crossing Rivers, Rivulets, Streams or Ravines and Connecting Different Municipal Divisions of County. 1282. PURCHASE OR CONDEMNATION AUTHORIZED WHEN APPROVED BY QUARTER SESSIONS ON PETITION OF TAXPAYERS. The several counties of this Commonwealth are authorized to purchase or condemn any public toll-bridge crossing any river, rivulet, stream, or ravine within the limits of such county, where the same connects different municipal divisions of such county. Proceedings for the purchase or condemnation of a bridge, under this act, may be instituted by said county, upon approval thereof by the court of quarter sessions of such county, on petition of at least twenty 539 taxpayers of the county in which such bridge is situate, representing that such bridge is necessary to the accommodation of public travel and that payment of tolls on such bridge is burdensome to the travel- ing public, and praying that same shall be taken as a county bridge. Sec. 1, Act of May S, 1911, P. L. 109. 1283. WHEN PRICE CANNOT BE AGREED UPON, COM- MON PLEAS TO APPOINT VIEWERS AND FIX TIME FOR VIEW. In case the ^county, after the approval of said petition by the court, desires to obtain any such bridge, and is unable to agree with the owner or owners of the bridge upon the price to be paid therefor, any court of common pleas of the county wherein said bridge is lo- cated, or any law judge thereof in vacation, on application therefor by petition of such county, shall appoint three discreet and disin- terested persons as viewers, and shall appoint a time, not less than ten nor more than twenty days thereafter, when said viewers shall meet and inspect the said bridge and view the same, together with the approaches and appurtenances thereto. Sec. 2, Act of May S, 1911, P. L. 109. These viewers would now be appointed from the county board of viewers. See Sees. 538 to 546 above. 1284. PROCEEDINGS BY AND BEFORE VIEWERS. The said viewers, having been duly sworn or affirmed justly and im- partially to decide and true report to make concerning all matters and things to be submitted to them, and in relation to which they are au- thorized to inquire in pursuance to the provisions of this act, and hav- ing viewed the said bridge, together with the approaches and ap- purteinances thereto, shall hear all parties interested and their wit- nesses, and shall estimate and determine the damages for the prop- erty taken and to whom the same is payable, and prepare a schedule thereof ; and shall give not less than ten days' notice to all parties in- terested of the time and place where they will meet and exhibit said schedule and hear all objections thereto and evidence thereon. The said notice shall be given by personal service upon all the parties in interest or their attorneys of record residing in such county, if such residence is known, and to all others by publication by one insertion in one newspaper of general circulation published in such county. After hearing the parties desiring to be heard in reference to said schedule at the time designated, and making whatever changes shall be deemed necessary, the said viewers shall make report to the court, showing the damages allowed and to whom the same are payable, and file therewith a plan showing the bridge, together with the approaches 540 and appurtenances thereto, and all exceptions that may be filed to their said schedule. Sec. 3, Act of May 5, 1911, P. L. 109. See note to preceding section. 1285. TIME FOR APPOINTMENT OF VIEWERS. COSTS OF PROCEEDINGS. COMPENSATION OF VIEWERS. The viewers provided for in the foregoing sections may be appointed be- fore or at any time after the entry, taking or appropriation of such bridge, together with the approaches and appurtenances thereto. The cost incurred in the proceedings aforesaid shall be defrayed by the county, and each of the viewers shall receive such compensation as the court may determine. Sec. 4. Act of May S, 1911, P. L. 109. For present provisions as to compensation of viewers see Sec. 173 above. 1286. PROCEEDINGS SUBSEQUENT TO REPORT OF VIEWERS. Upoh the report of said viewers, or any two of them, being filed in said court, either party may within thirty days there- after file exceptions to the same ; and the court shall have power to confirm said report, or to modify, change or otherwise correct the same, or refer the same back to the same or new viewers, with like power as to their report ; or, within thirty days from the filing of any such report in court, either party may, within thirty days after final decree, appeal to the superior or to the supreme court, according to law. Upon final confirmation, in any of the cases provided in this section, the award shall be good and valid judgment against the county. The said court of common pleas shall have power to desig- nate what notice shall be given in connection with any part of said proceedings, and may make all such orders as may be deemed re- quisite. Sec. 5, Act of May 5, 1911, P. L. 109. 1287. BOND TO SECURE PAYMENT OF AWARDS, ETC. BRIDGE TO BECOME PROPERTY OF COUNTY. In case of compensation to be paid for any bridge, which the county desires to obtain, cannot be agreed upon between the county and the owners thereof, and the county desires to take possession of said bridge, it shall be lawful for it to tender its bonds as security to the owner or owners of such bridge ; the condition of which bond shall be that the said county shall pay or cause to be paid such amount of damages as the owner or owners thereof .shall be entitled to receive, after the same shall have been agreed upon by the parties in interest, or awarded in the manner provided for by this act. In case the owner 541 or owners of such bridge shall refuse to, or do not accept such bond, it shall be lawful for such county, after five days' written notice to the owner or owners or attorneys of record, to present the same to the court of common pleas appointing said viewers, and, on approval thereof, said bridge shall become the property of such county. Sec. 6, Act of May S, 1911, P. L. 109. 1288. DISCONTINUANCE OF PROCEEDINGS BY COUNTY PRIOR TO ENTRY UPON, TAKING, ETC. In case the county shall discontinue any proceeding taken, providing for the appropria- tion or condemnation of any bridge, as hereinbefore set forth, prior to the entry upon, taking or appropriation thereof, and before judg- ment therein, the said county shall not thereafter be liable to pay any damages which have been or might have been, allowed ; but all costs upon any such proceedings had thereon shall be paid by the county, together with any actual damages, loss, or injury sustained by reason of such proceeding ; the amount of the same may be determined and fixed by the court in which such proceeding was pending. Sec. 7, Act of May 5, 1911, P. L. 109 1289. TO BE PUBLIC BRIDGE. TOLLS OR RENTALS FOR SPECIAL USE. PRESERVATION OF EXISTING CON- TRACTS. Whenever any bridge shall be purchased or condemned under the provisions of this act, the county shall control, maintain, and use said bridge as a public bridge; but it shall have power to charge tolls or rentals for the use thereof, from railway, telephone, and telegraph companies, and other persons making use thereof for other than ordinary public foot and vehicle travel : Provided, That where contracts exist between such persons and the owners of the bridge, such contract shall be preserved for the benefit of the county and shall be assigned thereto. Sec. 6, Act of May S, 1911, P. L. 109. 3. Privately Owned Bridges over Rivers, Creeks or Rivulets on which Toll may be Charged. 1290. PETITION OF TAXPAYERS TO QUARTER SES- SIONS. APPOINTMENT AND REPORT OF VIEWERS. NOTICE OF PETITION. LIMITATION ON POWER TO PURCHASE. When any turnpike road company, bridge company, or other corporation, has heretofore erected or may hereafter erect, bj authority of general or special laws, any bridge over a river, creek, or rivulet crossing any road or highway on which the public are re- quired to travel, and such company or corporation, is authorized to 542 charge and take tolls for the use and crossing of such bridge, and at least twenty residents and taxpayers of the county, where such bridge is situated, shall petition the court of quarter sessions of said county, or if said bridge be located on a river, creek, or rivulet dividing two counties, then upon the petition of at least twenty residents of each county, represeijiting that the said bridge is necessary to the ac- commodation of public travel and that the payment of tolls over such bridge is burdensome to the traveling public, and praying that the same shall be taken as a county bridge, the said court shall appoint three disinterested persons to view the said bridge and assess the damage, if any, which such company or corporation may sustain by the taking of the same, and make report of their proceedings to the respective court at the next term thereof: Provided, That notice shall be given in at least one newspaper, published at the county- seat, of such intended application for at least three weeks before the presentation of such petition: Provided further. That when two or more toll-bridges cross the same stream and lead to the same streets cr general thoroughfares, and are situated within one-fourth mile of each other, no purchase of any one of said bridges shall be made, un- der this act, unless the assent of the stockholders of the remaining bridge or bridges be first had at a meeting called for that purpose. Sec. 1, Act of April 27, 1911, P. L. 91, amending Sec. 1, Act of May 8, 1876, P. L. 131. The viewers herein provided for would now be appointed from the county board of viewers. See Sees. 538 to 546 above. 1291. REPORT OF VIEWERS, the viewers so appointed, shall make report at the next term of the said court, which said re- port shall state particularly : First, Who of them were present at the view. Second. Whether they were severally sworn or affirmed. Third. Whether the bridge be necessary as a free bridge for public accommodation and the payment of tolls on the same is an unjust burden on the traveling public and the people of the township or townships where the same is located. Fourth. The amount of dam- ages, if any, sustained by such company or corporation by reason of the taking of the same. Sec. 2, Act of May 8, 1876, P. L. 131. 1292. APPROVAL OF REPORT OF VIEWERS. PAYMENT OF DAMAGES AND TAKING POSSESSION BY COUNTY. ABOLITION OF TOLLS. ACTION BY PART OF VIEWERS. If upon the report of the viewers, it shall appear to the court and grand jury that such bridge ought to be declared a county bridge, and is necessary for the public accommodation, and that payment of tolls thereon is an unjust burden on the traveling public and the people of 543 the township or townships near where the same is located, the report shall be approved, and the damages shall be payable out of the county- treasury, and the said bridge or bridges shall be taken possession of by the county commissioners, and shall thenceforth be declared a county bridge, and all tolls for travel thereon shall cease : Provided, That in case one of the viewers fail to attend at the time and place of meeting, the viewers present, if five or more in number, may view and make the report. Sec. 1, Act of May 3, 1878, P. L. 41, amending Sec. 3, Act of May 8, 1876, P. L. 131. 1293. EXAMINATION OF WITNESSES BY COURT AND GRAND JURY. In their inquiry into the propriety of approving and confirming any report under this act, it shall be the duty of the court and grand jury, if requested, to hear and examine witnesses for and against the same. Sec. 4, Act of May 8, 1876, P. L. 131. 1294. PROCEDURE IN CASES OF BRIDGES ON COUNTY BOUNDARY. ACT CONSTRUED. Bridges over any river, creek or rivulet, being on the line of adjoining counties, shall be taken in the manner provided in this act in the cast of any bther cOiunty bridges, except that the court of quarter sessions of each County shall appoint three of the viewers, and that a report, as aforesaid, be made to the said courts, respectively; and the said courts shall, together with the grand jury and commissioners of the respective counties, in ail other respects, have and exercise concurrent jurisdiction and dis- cretion therein: [Provided, That the damages for the appropriation of any such bridge shall be borne by said counties equally, and that not more than ten thousand dollars shall be paid by any one county for the purchase of any such bridge:] And provided. That this act shall not be construed to repeal any law heretofore passed in relation to purchase of any particular bridge by any county. Sec. 5, Act of May 8, 1876, P. L. 131. The part of this section enclosed in brackets was amended by Sec. 2, Act of May 3, 1878, P. L. 41 (following section). 1295. PAYMENT OF DAMAGES BY COUNTIES. Provided, That the damage for the appropriation of any such bridge shall be borne by said counties equally, [and that not more than fifteen thou- sand dollars shall be paid by any one county for the purchase of any such bridge.] Sec. 2, Act of May 3, 1878, P. L. 41, amending part of Sec. S, Act of May 8, 1876, P. L. 131 (preceding section). The part of this section enclosed in brackets was repealed by the Act of April 11, 1889, P. L. 29. 544 1296. RIGHT OF APPEAL TO COMMON PLEAS AND JURY. That the company owning any such bridge, as mentioned in said act, or the county, shall have the right to appeal from any award of damages, made under the provisions thereof, to the court of com- mon pleas in which such bridge or part thereof is situated, under such regulations for bringing the matter to a trial in due course of law by a jury, as the said court may prescribe. Sec. 4, Act of May 3, 1878, P. L. 41. 1297. REMOVAL OF CASE TO ANOTHER COUNTY. That after appeal entered as aforesaid, the case shall be removed, on appli- cation of either party, for trial in some other county to be deter- mined by the court to which the appeal was taken. Sec. S, Act of May 3, 1878, P. L. 41. 4. Certain Bridges Privately Owned or Built by Public Subscription, over Streams or Rivers forming the Boundary Line Between two Counties. 1298. TAKING CHARGE OF AND REBUILDING AUTHOR- IZED WHEN BRIDGE HAS BEEN DESTROYED AND RE- BUILT AT ANOTHER PLACE. JOINT ACTION AND EX- PENSES. COMPENSATION TO OWNER OF FORMER BRIDGE. That the county commissioners of the several counties of this Commonwealth are hereby authorized to take charge of and re- build and reconstruct any bridge overy any stream or river forming the boundary line between two counties, when the same is on the line of a public highway, or deemed necessary for the use of the travel- ing public, and owned and maintained by corporations or by private persons, or which was built by public subscriptions, used exclusively for vehicles and foot purposes, which has been destroyed by ice, flood or otherwise, at any time, or which has been or may be abandoned, and the site or location and piers and abutments no longer used by the owners of said bridge, and the same rebuilt by said corporation or private persons or by public subscriptions on another site, or on new foundations at another point. And the said commissioners of the re- spective counties, are hereby authorized to take charge of and rebuild and maintain jointly such bridge as a county bridge, and the costs and expenses of such joint reconstruction shall be paid by the said coun- ties respectively, in the proportion of the population thereof as as- certained at the last census : Provided, That just compensation shall be made to the owners of the former bridge for the taking or impair- 545 ment of the rights and franchises of such owners, in the same manner as is provided in this act for ascertaining the compensation due for {he piers and abutments. Sec. 1, Act of April 25, 1907, P. L. 119, amending Sec. 1, Act of May 6, 1897, P. L. 46, as amended. 1299. MANDAMUS ON PETITION OF TAXPAYERS IF COMMISSIONERS NEGLECT OR REFUSE TO ACT, If the said commissioners of the said counties shall neglect or refuse to act as herein provided, then, upon the petition of fifty property owners and taxpayers, residing in the city, borough or township in which the bridge is or was located, which petition shall set forth fully all the facts supported by the affidavit of five of said property owners and taxpayers, to the court of common pleas of the counties where lo- cated, upon hearing, said court having jurisdiction [shall] issue a mandamus to said commissioners to proceed as provided by this act. Sec. 1, Act of May 13, 1901, P. L. 191, amending Sec. 2, Act of May 6, 1897, P. L. 46. The word "shall" with its context was construed as meaning "'may" in The Lewisburg Bridge Co. v. The County of Union and County of Northumberland, 232 Pa. 255. 1300. BORROWING MONEY AND BOND ISSUE AUTHOR- IZED. For the purpose of carrying into effect the provisions of this act, the county commissioners of the respective counties of this Com- monwealth are hereby authorized to borrow any sum of money, not exceeding the constitutional limitations, if necessary for the purposes aforesaid, at a rate of interest not exceeding six per centum, and issue bonds therefor not exceeding five hundred dollars each. Said bonds to be payable at the option of the commissioners of the county issuing the same after five years and within ten years from the date of issue. Sec. 3, Act of May 6, 1897, P. L. 46. For the procedure in incurring indebtedness see Sees. 629 to 649 [ifi above. 1301. WHEN DAMAGES CANNOT BE AGREED ON, QUARTER SESSIONS TO APPOINT VIEWERS TO VIEW PREMISES AND MAKE REPORT. APPEALS FROM AWARD OF VIEWERS. When the said commissioners have taken any piers, abutments, approaches, toll houses or other property necessary for the rebuilding and maintenance of any bridge as aforesaid, and are unable to agree with the owners upon the amount of damages they may sustain by reason thereof, the court of quarter sessions of the county in which said property is situate shall, upoa petition of any ■ 35 ■ 546 party in interest, appoint three disinterested freeholders of said county to view the premises and assess the damages, if any, which such owner may sustain by the taking of the same, and make report of their proceedings to the said court at the next session thereof, ten days notice of the time and place of meeting to be given the viewers and the parties in interest; the owner of any such, property taken as aforesaid, or the commissioners, shall have the right to appeal from any award of damages made under the provisions of this act, to the court of common pleas of the county in which such property is sit- uate, under such regulation for bringing the matter to a trial in due course of law by a jury as the said court may prescribe, either party having the right of appeal to the Supreme Court. Sec. 4, Act of May 6, 1897, P. L. 46. 5. Private Bridges over Streams or Rivers destroyed with- in Ten Years and Abandoned. 1302. RECONSTRUCTION AND MAINTENANCE AU- THORIZED. JOINT CONSTRUCTION AND PAYMENT OF EXPENSES BY ADJOINING COUNTIES. MANDAMUS TO COMPEL COMMISSIONERS TO ACT. The county commis- sioners of the several counties of this Commonwealth are hereby au- thorized to take charge of or rebuild and reconstruct any bridge, over any stream or river running into or through any county, owned and maintained by corporatoins, where the same has been destroyed by ice or otherwise within ten years and abandoned by the owners of the said bridge, or where said bridge crosses a stream forming the boundary line between two counties, then the commissioners of the county in which said bridge is located, or has been located, or the commissioners of the respective counties, where the stream or river runs between counties, are hereby authorized to jointly reconstruct and maintain such bridge as a county bridge, the costs and expenses of which joint construction and maintenance shall be paid by said counties respectively in the proportion of the population thereof as ascertained at the last census. If the said commissioners shall neg- lect or tefuse to act as herein provided, upon the petition of ten citizens and taxpayers residing in the city, borough or township in which the bridge is or was located, which petition shall. set forth fully all the facts supported by the affidavit of two of said citizens to the court of common pleas of the county, and said court, upon hearing, may issue a mandamus compelling said commissioners to proceed as provided by this act : Provided, That this act shall not in any way affect afty bridge heretofore erected or built or now in course of con- struction under the provisions of the act of June sixteen, one thou- 547 sand eight hundred and ninety-one, amending the first section of the act of June eighth, one thousand eight hundred and eighty-one, but all such bridges shall be maintained as though this act had not been passed. Sec. 1, Act of April 19, 1895, P. L. 39, amending Sec. 1, Act of June 8, 1881, P. L. 67, No. 71. 1303. BORROWING MONEY AND BOND ISSUE AUTHOR- IZEL. For the purpose of carrying into effect the provisions of this act, the county commissioners of the respective counties of this com- monwealth are hereby authorized to borrow any sum of money, not exceeding the constitutional limitations, if necessary for the purposes aforesaid, at a rate of interest not exceeding six per centum, and to issue bonds therefor, in sums not exceeding five hundred dollars each. Sec. 2, Act of June 8, 1881, P. L. 67, No. 71. 6. Bridges over Rivers, Erected by Private Persons or by Public Subscriptions, and Donated to County. 1304. ACCEPTANCE, TAKING CHARGE OF AND ENTER- ING ON RECORD AS COUNTY BRIDGE AUTHORIZED. PROCEDURE IN DETERMINING NECESSITY OF BRIDGE. BRIDGE CROSSING COUNTY LINE. The county commission- ers of the several counties within this Commonwealth are hereby au- thorized to accept, take charge of and enter upon the records as a county bridge, any bridge over any stream or river running into or through any county, the said bridge having been erected and con- structed at the expense of private persons, or by public subscriptions, and having been opened to free public travel used by the public and become necessary and convenient for the use of the public, upon notice in writing of the persons who erected or caused the same to be erected or constructed, or by the subscribers to the original sub- scription on which the money was raised to erect and construct the same, or the heirs or assigns of such persons or subscribers, or by a duly authorized board of trustees representing such persons or sub- scribers of their desire to donate the said bridge to the county wherein the same is situated, or where such bridge crosses a stream forming the boundary line between two counties, and the persons or their heirs or assigns, subscribers or trustees representing them as afore- said shall give notice in writing to the county commissioners of each of said counties of their desire to donate such bridge to said coun- ties, jointly, then the commissioners of said counties are hereby au- thorized to accept and jointly take charge of said bridge, enter the same tjpon the records of the respective counties as a joint county bridge, and maintain and keep the same in repair: Provided, That 54« before said bridge is accepted by the county commissioners the ques- tion of its necessity shall be determined in the following manner: The said county commissioners shall, at the court of quarter sessions of the proper county or counties next after receiving the notice as aforesaid, present the same to said court for the appointment of three viewers, and where said bridge crosses a stream being the boundary hne between two counties, shall present the same to the court of quarter sessions of each county for the appointment of three viewers by each of said courts, and each of said viewers to be an elector re- siding within the jurisdiction of the court appointing him. The said viewers shall immediately fix a time of meeting and give personal notice thereof to the county commissioners interested and to all other persons by publication in two newspapers published in each county, interested, once a week for two consecutive weeks, the last publication of said notice to be not less than ten days prior to the meeting of said viewers. And at the time fixed^for said meeting said viewers shall meet at the bridge, and after being sworn to perform the duties of their appointment with fidelity and according to the best of their judgment, shall view the bridge and the approaches leading thereto, and hear any and all persons interested therein, and may, if necessary, adjourn to a subsequent time or times and after fully con- sidering the same, shall report to the court or courts of quarter ses- sions by which they were appointed at the next session thereof, which report shall state that said viewers gave notice and were sworn a? required herein, that they met at the bridge in question and viewed the same, together with the approaches leading thereto, the condition of the bridges, and whether or not in their judgment the same is necessary and convenient to accommodate travel. The report of said viewers shall lie over until the then next session of said court of courts, and if no exceptions to the proceedings be filed in the mean- time, the court or courts shall confirm said report absolutely, and the commissions of the county or counties shall thereupon enter said bridge upon the records as a county or a joint county bridge, as the case may be, and thereafter said bridge shall be subject to the laws now or hereafter to be enacted relating to county or joint county bridges. Sec. 1, Act of May 26, 1897, P. L. 103. The viewers herein provided for would now be appointed from the county board of viewers. See Sees. 538 to S46 above. 1305. PROCEDURE IF EXCEPTIONS ARE FILED. In case exceptions to the proceedings provided in section one of this act be filed in the court or courts given jurisdiction thereby within the time therein specified, the said proceedings shall stay until the exceptions 549 are disposed of by the court or courts in which they are filed. And if said exceptions be sustained, proceedings de novo may be instituted a1 any time after the first subsequent session of said court. Sec. 2, Act of May 26, 1897, P. L. 103. 1306. COMPENSATION OF VIEWERS. PAYMENT OF COSTS, ETC. REIMBURSEMENT BY OWNERS OF BRIDGE ON DIRECTION OF COURT. BOND TO SECURE COSTS, ETC. The viewers authorized to be appointed by section one of this act shall receive the cornpensation allowed by law to road and bridge viewers, which, together with the cost of publication and notice re- quired by this act, and the legal costs of the clerk or clerks of the court or courts of quarter sessions, shall be paid out of the treasury oi the county wherein the said viewers are appointed, notice given and clerk's services performed, at the time of the session of court to which their report is rendered and filed, and the owners of said bridge shall pay the amount of said fees and expenses into the county treasury by which the same were paid in all such cases as the court by order may direct, and the county commissioners may require the owners of said bridges to file a bond, together with their notice, in a sufficient sum to secure the payment of the same when the case is concluded. Sec. 3, Act of May 26, 1897, P. L. 103. For the present provisions as to the compensation of viewers see Sec. 173 above. 7. Toll-Bridges on Routes of State Highway Purchased or Condemned by State Highway Department. 1307. COUNTIES TO PAY AT LEAST ONE-HALF OF EX- PENSE OF FREEING BRIDGE. Provided, however, That the county or counties, in which any such toll-bridge or bridges is lo- cated, shall pay at least one-half of the expense of freeing such toll bridge or bridges. Part of Sec. 1, Act of May 10, 1917, P. L. 184, amending Sec. 9, Act of May 31, 1911, P. L. 468. The balance of this section, which is from the State Highway Act, provides for the purchase or condemnation by the State Highway Department of turnpikes, toll-roads gnd toll-bridges on the routes of State highways. As the county has no part in this procedure, it is thought unnecessary to include it here. 550 (k) County Aid on Municipal Bridges when Expense is too great for Municipality. (NOTE; Wherever the appointment of viewers is provided for in this sub-division, such viewers would now be appointed from the county- board of viewers. See Sees. S38 to 546 above.) 1. City, Borough and Township Bridges entered on Record as County Bridges. 1308. PROCEDURE IN ESTABLISHING COUNTY BRIDGE. CONSTRUCTION OF NEW BRIDGE WHERE EXISTING BRIDGE IS INSUFFICIENT. When a river, creek, or rivulet, over which it may be necessary to erect and construct a bridge, crosses a public street, road, or highway in any city, borough, or township of this Commonwealth, and the erecting and constructing of such bridge requires more expense than it is reasonable that the respective city, borough, township or townships, or any two of them when they are adjoining, should bear, the court, having jurisdiction as aforesaid, shall, upon the representation of the proper authorities of the respective city or borough, or of the supervisors of the town- ship, or on the petition of any of the inhabitants of the respective ctiy, borough, or township, order a view in the manner provided for in the case of roads ; and if, on the report of the viewers, it shall appear to the court, grand jury, and commissioners of the county that such bridge is necessary, and would be too expensive for such city, bor- ough, township or townships, or any two of them adjoining, to bear, ii shall be entered on record as a county bridge. Should any county bridge, whether heretofore or hereafter erected, be insufficient, for any cause, to accommodate the public travel, it shall be lawful to pro- ceed in said court by petition, in the manner aforesaid, with like pro- ceedings and with the same effect as if the petition was for an original county bridge ; and, upon the approval of the court, grand jury, and county commissioners, a new bridge may be erected and constructed to take the place of the bridge then existing. Sec. 1, Act of June 12, 1907, P. L. 523, No. 330, amending Sec. 35, Act of June 13, 1836, P. L. 551. 1309. ESTIMATE OF COST. PROVISION IN TAX LEVY. ERECTION BY CONTRACT OR OTHERWISE. Whenever a bridge shall be authorized and recorded as a county bridge, it shall be the duty of the commissioners to procure an estimate of the cost thereof, and provide in the county levies, the monies necessary to de- fray the same, and proceed to have such bridge erected bv contract or otherwise, as shall seem to them expedient. Sec. 36, Act of June 13, 1836. P. L. 551. 551 1310. CHANGE IN COURSE OF ROAD TO ACCOM- MODATE BRIDGE. Viewers of the site of a bridge appointed as aforesaid, shall have authority by virtue of their appointment, to re- port also whether any change in the course or bed of the road to be connected therewith, will be necessary, in order to (permit) the erec- tion of such bridge at the most suitable place, or at the least expense, or in the best manner, and the same being approved by a majority of the commissioners of the county, and also by the court, such road shall be' altered accordingly. Sec. 37, Act of June 13, 1836, P. L. 551. 1311. VARIATION OF ROAD TO BE SURVEYED AND PLOT THEREOF RETURNED WITH REPORT OF VIEW- ERS. Provided nevertheless, That the viewers shall cause every such variation to be accurately surveyed, and a plot thereof to be made and returned with their report. Sec. 38, Act of June 13, 1836, P. L. 551. 1312. INSPECTION BY PERSONS APPOINTED BY QUAR- TER SESSIONS. Every bridge erected by the commissioners of any county, or under contract with them, shall be inspected by six fit persons, to be appointed by the court of Quarter Sessions of the respective county, and report thereof shall be made by them to the said court. ' Sec. 39, Act of June 13, 1836, P. L. 551. The expense of the inspection or view shall be paid as provided for by Sec. 56, Act of June 13, 1836, P. L. 551, see Sec. 1188 above. 1313. OATH OF INSPECTORS. [All viewers and reviewers appointed for any purpose mentioned in this act, also] all persons appointed to inspect any bridge as aforesaid, shall, before they pro- ceed to the duties of their appointment respectively, make oath or aifirmation to perform the same impartially, and according to the best of their judgment, which oath or affirmation may be administered to them by any magistrate of the respective county, or by any one of their number. Sec. 53, Act of June 13, 1836, P. L. 551. The provisions of this section in so far as they relate to viewers and reviewers, is supplied by Sec. 3, Act of June 23, 1911, P. L. 1123, as amended, (Sec. 540 above). 1314. PAYMENT ON CONTRACT IF BRIDGE IS AP- PROVED BY COURT. If any such bridge shall be approved by the court, and the same shall have been erected under contract with the commissioners as aforesaid, the money shall be paid agreeably to such contract. See. 40, Act of June 13, 1836, P. L. SSI. 552 1315. INSPECTORS MAY RECOMMEND THAT PART OF CONTRACT PRICE BE DEDUCTED. RULE ON BUILDER. If the persons appointed to inspect any bridge erected by contract as aforesaid, shall not approve, of the same, they shall report to the court, what sum, in their judgment, ought to be deducted from the sum stipulated in such contract, and thereupon, the court shall grant a rule upon the builder or contractor, to show cause against the said report, at a time and place in such rule to be named. Sec. 41, Act of June 13, 1836, P. L. 5S1. 1316. ACTION ON CONTRACT AND PROCEDURE ON RULE. After the service and return of such rule, it shall be lawful for the builder or contractor, to file a declaration or statement in the court of Common Pleas of the respective county, upon the contract made by him with the commissioners aforesaid, and thereupon pro- ceed to trial, in due course, in like manner as if an action had been commenced by him vipon such contract, against the county, or, at his election, he may show cause against the said report, and thereupon, the court shall determine the matter as justice and equity shall re- quire. S«c. 42, Act of Jwne 13, 1836, P. L. SSI. 1317. INSPECTORS NOT APPROVING BRIDGE TO RE- PORT DEFECT AND WHETHER COMMISSIONERS ARE AT FAULT AND VALUE OF BRIDGE. RULE ON COMMIS- SIONERS TO SHOW CAUSE AGAINST REPORT. When any such bridge shall have been erected by the commissioners of the county, or under their superintendence, if the same shall not be ap- proved by the persons appointed, as aforesaid, to inspect the same, they shall report in what respect such bridge is deficient, and whether or not the same has occurred through the default, neglect or official misconduct of the said commissioners, or any of them, and what in their judgment is the value of such bridge, and thereupon, the court shall in like manner, grant a rule upon the commissioners to show cause against such report. Sec. 43, Act of June 13, 1836, P. L. SSl. 1318. PROCEDURE ON RULE. After the service and return of such rule, it shall be lawful for the commissioners to have an issue directed, upon the said report, in the matters aforesaid, to the court of Common Pleas of the respective county, to be tried by a jury, or, at their election, they may show cause against the same, and thereupon, the court shall determine the matter in a summary way. Sec. 44, Act of June 13, 1836, P. L. 551. 553 1319. COUNTY MAY RECOVER AGAINST DELINQUENT COMMISSIONER. If it shall appear uppn the trial of such issue, or upon investigation by the Court as aforesaid, that such bridge is in- sufficient, or that it has been erected at an expense greater than its value, through the neglect or official misconduct of any one or more of the said commissioners, it shall be lawful for the county to re- cover, against such delinquent commissioner or commissoiners, the damages sustained by reason of the default of them or either of them as aforesaid, respectively. Sec. 45, Act of June 13, 1836, P. L. 551. 2. Special Bridges and Bridge Improvements Entered on Record as County Bridges or Improvements. 1320. BRIDGES ON BOUNDARY BETWEEN BOROUGH AND TOWNSHIP. COST OF CONSTRUCTION AND MAIN- TENANCE TO BE BORNE BY COUNTY. When any river, creek or rivulet, forming the boundary between any borough and town- ship of the first and secbnd class, over which it may be necessary to eject a bridge, crosses a public road or highway, and the erection of such bridge requires more expenses than it is reasonable that such borough and township should bear, the court of quarter sessions of the proper county, on the petition of any of the inhabitants of such borough or township, shall order a view, in the manner now provided by law in the case of roads ; and if, by the report of the viewers, it shall appear to the court, grand jury and commissioners of the county that such bridge is necessary, and its erection would be too expensive for such borough and township to bear, it shall be entered on record as a county bridge; and the cost of its construction, erection and maintenance shall be borne by the county. Sec. 1, Act of March 24, 1905, P. L. 50, No. 34. 1321. TOWNSHIP BRIDGES OVER OR UNDER RAIL- ROAD WHEN NEW ROAD IS OPENED. When one or more existing railroads, over or under which it may be advisable, for the protection of travelers,' to erect a bridge, crosses a public road or highway which may hereafter be opened, and the erection of such bridge requires more expense than is reasonable that one or two ad- joining townships should bear, or more than is reasonable that the township wherein the bridge is. to be located should bear, the court of quarter sessions of the county wherein such bridge is to be erected shall, on the representation of the supervisors or on the petition of any of the inhabitants of the township, order a view, in the manner provided for in the case of roads ; and if, on the report of the viewers, it shall appear to the court, grand jury and commissioners of the 554 county that such bridge Is necessary, and would be too expensive for such township or townships, it shall be entered on record as a county bridge: Providing, That this act shall not apply to existing roads and highways. Sec. 1, Act of April 11, 1903, P. L. 164, No. 123. 1322. TO BE BUILT AS COUNTY BRIDGE. VIEWERS MAY APPORTION COST BETWEEN COUNTY AND RAIL^ ROAD COMPANY. After the entry of any such bridge as a county bridge, it shall be the duty of the commissioners of said county to provide for its erection, in the manner now provided by law, for the erection of county bridges : Provided further, That the viewers shall have authority to apportion the cost of such bridge between the county and railroad company, in such proportion as the said viewers deem just and reasonable. Sec. 2, Act of April 11, 1903, P. L. 164, No. 123. 1323. NEW BOROUGH OR TOWNSHIP BRIDGE TO TAKE PLACE OF EXISTING BRIDGE. PROCEDURE TO ESTAB- LISH COUNTY BRIDGE. CHANGE OF ROADWAY. VACA- TION OF OLD BRIDGE AND ROAD. Whenever any public road or highway crosses any river, creek, or rivulet, over which any bridge has been heretofore or may hereafter be erected, and it be- comes necessary to erect a new bridge to take the place of the ex- isting bridge over such river, creek, or rivulet, and the erection of such bridge requires more expense than it is reasonable that one or two or more adjoining townships or boi-oughs should bear, the court of quarter sessions of the peace of the proper county, on the petition of any of the inhabitants of such township, townships, or boroughs, as aforesaid, shall order a view in the manner provided for in the case of roads ; and if, on the report of viewers, it shall appear to the court, grand jury, and commissioners of the county that such bridge is necessary, and its erection would be too expensive for such township, townships, or boroughs, as aforesaid, to bear,, it shall be entered on record as a county bridge. Such viewers shall have power, by virtue of their appointment, to change the location of such bridge so that the same may be located and erected in the most suitable place, or at the least expense, or in the best manner ; and in case of the change of locaton of such bridge, shall also report. what change in the course or bed of the road to be connected therewith will be necessary, and shall also report the vacation of the old or existing bridge, and the vacation of such portion of the road connecting therewith as they may deem proper. And upon the approval of their report, as afore- said, such roads shall be altered accordingly. Sec. 1, Act of May 8, 1909, P. L. 494. 555 1324. ENTERING EMBANKMENTS AND CAUSEWAYS ON RECORD AS COUNTY IMPROVEMENT, CONSTRUCTED AS COUNTY BRIDGE. Where a river, creek or rivulet, over which it may be necessary to erect a bridge, crosses a public road or highway, and the erecting of such bridge requires the erection and construction of an embankment or causeway leading to either end of said bridge, the erection of which embankment or causeway requires more expense than it is reasonable that one or two adjoining town- ships should bear, the court having jurisdiction shall, upon the representation of the supervisors, or on the petition of any of the in- habitants of the respective townships, order a view in the manner pro- vided for in case of roads, one of the viewers to be a practical en- gineer; and if on the report of the viewers it shall appear to to the court that for the use and enjoyment of said bridge by the public, it is necessary to erect and construct an embankment or causeway as aforesaid, the erection and construction of which would be too ex- pensive for such township or townships to bear, it shall be entered on record as a county improvement, and constructed as county bridges are erected. Sec. 1, Act of April IS, 1869, P. L. 46. 3. Assisting in Building Municipal Bridges. 1325. EXPENDITURE FROM COUNTY FUNDS, AUTHOR- IZED TO ASSIST IN BUILDING CERTAIN TOWNSHIP AND THIRD CLASS CITY BRIDGES. When the building of a county bridge over a river, creek, or rivulet, railway or canal, has been found necessary by report of viewers, by the court, and by the grand jury, under proceedings as provided by existing laws, and it has also been found, in like manner, that the erection of such bridge will require more expense than it is reasonable that the one or more adjoining townships or city of the third class should bear, that whenever the county commissioners do not deem it advisable \o enter such bridge on record as a county bridge, but shall consider it proper to assist such township or townships, or such city of the third class, in build- ing the same, they are hereby authorized and empowered, from and cut of the county funds, to either build such bridge, or any portion or portions thereof, or furnish such township or townships, or city of the third class, the whole or part of the money necessary to build it, with- out entering such bridge on record as a county bridge. Sec. 1, Act of June 15, 1911, P. L. 970, amending Sec. 1, Act of June 11, 1879, P. L. 146, as amended. 556 1326. RECORD TO BE KEPT BY COUNTY. MAINTE- NANCE, REPAIR AND REBUILDING TO BE DONE BY TOWNSHIP. The county commissioners shall keep a record of all their proceedings in such cases, and such bridges shall be maintained, kept in repair and rebuilt, when necessary, by the respective town- ship or townships, and the county shall in no event be liable for the same. Sec. 2, Act of June 11, 1879, P. L. 146. This act in its original terms did not apply to cities of the third class. The amendment of 1903 in extending its provisions to such cities failed, evidently through inadvertence, to amend Sec. 2 so as to provide for the maintenance, repair and reconstruction of a bridge originally con- structed under this act in a city of the third class. 1327. EXPENDITURE FROM COUNTY FUNDS AUTHOR- IZED TO ASSIST IN BUILDING CERTAIN BOROUGH BRIDGES. When a river, creek or rivulet over which it may be necessary to erect a bridge which crosses a street of any borough in this Commonwealth, and the erecting of such bridge requires more expense than it is reasonable that the borough wherein the bridge is to be located should bear, that after a view has been ordered by the proper court, as now provided by law, if it shall appear by the report of the viewers and by the approval of the court and grand jury that such bridge is necessary and would be too expensive for such borough to bear, the county commissioners are hereby authorized and em- powered, from and out of the county funds, to either build such bridge or any portion or portions thereof, or to furnish such borough the whole or part of the money necessary to build it. Sec. 1, Act of July 9, 1897, P. L. 238. 1328. MAINTENANCE OF BRIDGE IN BUILDING OF WHICH COUNTY HAS ASSISTED. ENTERING ON RECORD AS COUNTY BRIDGE AUTHORIZED. Whenever the county conimissioners of any county have heretofore assisted or shall here- after assist any township, townships or borough in the building of the whole or any portion of a bridge, under existing laws, and it shall afterwards appear to the said commissioners, and to the court of quar- ter sessions of the proper county, that the care, maintenance and re- sponsibility of said bridge is greater than it is reasonable that the said township, townships or borough should bear, it shall be lawful for the said county commissioners, and they are hereby authorized and empowered, with the approval of said court, to enter such bridge upon record as a county bridge, and it shall thereafter be a county bridge the same as if it had originally been so entered of record. Sec. 1, Act of April 28, 1899, P. L. 91, 557 4. Borough and Township Bridges Donated to County. 1329. ACCEPTANCE AUTHORIZED. TO BE MAIN- TAINED AND KEPT IN REPAIR AS COUNTY BRIDGE, Whenever a public bridge has been built or maintained by any bor- ough or township, or both, or by any two townships, and used by the public for travel, across a river, within any borough or separating any borough and township, or separating any two townships, within the Commonwealth of Pennsylvania, the county commissioners of any county wherein such bridge is, may take the same as a county bridge whenever the proper authorities, having the maintenance, supervision and control of such bridge, shall tender the same to said county com- missioners, free and without charge therefor; and any such bridge, so taken, shall thereafter be maintained and kept in repair as a county bridge. Sec. 1, Act of April 27, 1903, P. L. 323, No. 253. (1) Contracts with MunicipaUties for Joint Action on Municipal Bridges and Viaducts. (NOTE: In this sub-division, only such parts of the various acts are set forth as directly affect counties. For the remaining provisions of the act, recourse must be had to the pamphlet laws or digests.) 1. City Bridges Benefiting Neighboring Townships. 1330. COUNTY AUTHORIZED TO CONTRACT WITH CITY FOR LAYING OUT AND CONSTRUCTION OF BRIDGE BY CITY, AND TO PAY PART OF COST. APPROPRIA- TIONS. TAX LEVIES. INDEBTEDNESS. Whenever dif- ferent parts of any city within any county of this Commonwealth, or any part of such city and any township bordering thereon, are sepa- rated therefrom by any intervening valley or ravine, and the county commissioners of such county, or a majority of them, shall, by reso- lution, deem it expedient and necessary that such city construct a public bridge for the purpose of connecting the territories thus sep- arated, and that such bridge v/ill be of substantial advantage and benefit to the taxable inhabitants of the township bordering thereon or townships adjacent thereto, and that it is reasonable and proper that such county participate with such city in the cost and expense of the laying out and construction of such bridge,— then, and in that event, such county shall have the power to contract with such city for the laying out and construction by^such city of such bridge, and to pay to such city such portion of the cost thereof as the county com- missioners shall deem reasonable and proper and shall, agree to pay, and to appropriate money, levy taxes, and to incur indebtedness there- .for. See. 1. Act •£ July 8. 1»19, P. L. 761. 558 1331. POWER TO BORROW MONEY. FUNDING OF IN- DEBTEDNESS. BONDS. TAX LEVY. SINKING FUND. The several counties are further authorized and empowered, pur- suant tp a resolution adopted for that purpose by a majority of the county commissioners of such county, to borrow money and to incur indebtedness, for the purposes aforesaid, to an amount not in excess of the limit prescribed by the Constitution of this Commonwealth and in compliance with the acts regulating the manner of increasing in- debtedness ; and also to fund any indebtedness incurred for the pur- poses aforesaid, and to issue as evidences of such indebtedness regis- tered or coupon bonds, or either of them, payable within thirty years from the date of their issue, and bearing interest at a rate not exceed- ing six per centum per annum payable semi-annually, which bonds shall not be sold at less than par and accrued interest; and to levy taxes on all taxable property in such county, in addition to all other taxes, for the purpose of paying such indebtedness and interest thereon. Any county incurring such indebtedness shall, at or be- fore the time of incurring the same, make provisions for a sinking- fund to pay at maturity the indebtedness so incurred and interest thereon. Sec. 2, Act of July 8, 1919, P. L. 761. 2. Certain Third-Class City Bridges and Viaducts over Rivers, etc., where County is Authorized to Build Bridge. 1332. CONTRACTS FOR CONSTRUCTION AND MAIN- TENANCE OF WHOLE OR PART OF BRIDGE OR VIADUCT AND FOR PAYMENT OF DAMAGES AUTHORIZED. The city shall also have the power to enter and unite in a contract or in contracts with the county comissioners of the proper county, where said viaduct or bridge will cross a river, creek or stream, or other place, over which the county is authoi'ized by law to build bridges ; and also with railroad, street railway, and other companies and parties interested, or with any or all of them, for the building, con- structing and maintenance of said viaduct or bridge, or for certain parts or portions thereof, and for the payment of any damages caused by the location and the said erection. Sec. 4, Act of March 26, 1903, P. L. 71. 1333. CONTRACT OF COUNTY COMMISSIONERS SUB- JECT TO APPROVAL OF QUARTER SESSIONS FOR PART OF BRIDGE COUNTY MIGHT HAVE BUILT. TO BE MAIN- TAINED AS COUNTY BRIDGE. CONTRACT FOR PAY- MENT OF GREATER AMOUNT. The said county commission- ers may contract, subject to the approval of the court of quarter ses- 559 sions of the proper county, for that part or portion of the viaduct or bridge which crosses any river, creek, stream, or other place, over which the county is by law authorized to build bridges, including the abutments and piers thei'eof, and such part shall thereafter be maintained as a county bridge; or they may contract for such part or portion of the whole structure as is equal to the part or portion ef the viaduct or bridge over the respective river, creek, stream, or other place, as aforesaid: Provided, however. That the said county commissioners may contract to pay an amount of money greater than that which is hereinabove provided for, toward the construction of said work, but the amount of the said additional moneys, over and above the amount necessary to build the viaduct across the respective river, stream, creek, or other place, shall be first approved by the court aforesaid. Sec. 5, Act of March 26, 1903, P. L. 71. 1334. STIPULATIONS OF CONTRACTS. AMOUNT PAID BY COUNTY TO BE PAID DIRECTLY TO CONTRACTOR. The contracts herein provided for may stipulate that the respective city, county, railroad company, street railway or other company, or parties interested, or any of them, shall pay a certain part or portion of the whole contract price or cost of the work, including damages ; or may stipulate that each shall construct, or pay for the construc- tion of, a certain part or portion oft he work, and may otherwise pro- vide for the payment of the damages. When any railroad company, street railway or other company, or other parties interested, agree to pay a certain part or portion of the cost of the entire work, they shall pay such part or portion into the proper city treasury ; and upon said payment, the city treasurer shall be liable therefor, and he shall pay the same over to the contractor, as may be provided in the contract ; but the amount to be paid by the respective county shall be paid di- rectly to the contractor, as may be provided by the said contract. The said agreements may also provide for the maintenance of the said viaducts and bridges, after their erection. All contracts pro- vided for by this act shall be binding upon the parties thereto, their lessees, successors, heirs and assigns. Sec. 6, Act 6i March 26, 1903, P. L. 71. 1335. PLANS AND SPECIFICATIONS. ADVERTISING FOR AND AWARDING CONTRACTS. PROVISIONS OF CONTRACT. RIGHT OF ACTION. Whenever the city, county commissioners, and the said railroad, street railway and other com- panies, and others interested, or any of them, have entered into a con- tract or contracts for the construction of said bridge or viaduct, as is 560 hereinbefore provided, it shall be lawful for the said city and the said county commissioners to have prepared plans or specifications of the entire work, and thereafter to advertise for bids, and to award the contract to the lowest responsible bidder. The contract for the said work shall provide that the county shall pay for its certain part of said bridge or viaduct, and the city shall contract for the other part of the said work; but the said contract, as to the city's part thereof, shall be based upon the appropriation made by the city for the part ct the work for which it had agfreed to pay, and the remaining part of the contract price shall be based upon the amounts the other parties have agreed to pay; and the contractor shall have a right of action against each party uniting in said contract, for the part thereof agreed to be paid by each party, respectively, as set forth in the con- tract or contracts in which all the parties unite, as aforesaid. Sec. 8, Act of March 26, 1903, P. L. 71. 1336. CONTRACTS MAY BE RECORDED. IN SUCH CASE TO BE NOTICE TO PERSONS AFFECTED. Any of the con- tracts hereinabove provided for "may be recorded in the recorder's office of the proper county, in which the respective city is situate, and such record shall be notice to all persons who might be affected thereby. Sec. 10, Act of March 26, 1903, P. L. 71. 3. Borough Bridges and Viaducts. 1337. CONTRACTS FOR CONSTRUCTION AND MAIN- TENANCE OF WHOLE OR PART OF BRIDGE OR VIADUCT AND FOR PAYMENT OF DAMAGES AUTHORIZED. The said borough shall also have the power to enter into and unite in a contract or contracts with the county commissioners of the proper county, and also with railroads, street railway, and other companies, and parties interested, or with any or all of them, for the building, construction, and maintenance of said viaduct or bridges, or for cer- tain parts or portions thereof, and for the payment of any damages caused by the location and the said erection. Sec. 4, Act of May 25, 1907, P. L. 240. Repealed as far as relates to the powers of or imposing any duties upon boroughs by the Act of May 14, 1915, P. L. 312. The powers and duties of boroughs are contained in the Borough Code of 1915. 1338. CONTRACTS OF COUNTY COMMISSIONERS. LIMITATIONS AND RESTRICTIONS. AID WHERE BRIDGE MIGHT NOT HAVE BEEN BUILT BY COUNTY. When the said viaduct or bridge crosses a river, creek, or stream, or other place, 561 over which the county is authorized by law to build bridges, the said county commississioners may contract, subject to the approval of the court of quarter sessions of the proper county, for that part or por- tion of the viaduct or bridge which crosses any of the places herein- before mentioned, over which the county is authorized by law to build bridges, including the abutments and piers thereof, and such parts shall thereafter be maintained as a county bridge ; or, they may con- tract for such part or portion of the whole structure as is equal to the part or portion of the viaduct or bridge over the respective river, creek, stream, or other place, as aforesaid : Provided, however, That, in such cases, the said county commissioners may contract to pay an amount of money greater than that which is hereinabove provided for, toward the construction of the entire structure; but the amount of the said additional moneys, over and above the amount necessary to build the bridge or viaduct across the respective river, creek, stream, or other place, shall be first approved by the court afore- said. When the said viaduct or bridge shall not cross a river, creek, ■stream, or other place aforesaid, but shall cross merely railroads, or railroads and private property, the said county 'commissioners may contract, subject to the approval of the aforesaid court, to pay an amount of money not exceeding thirty per centum of the entire cost of the proposed viaduct or bridge; and such viaduct or bridge shall thereafter be maintained as a borough structure, by the borough which shall be authorized to contract with any of the parties inter- ested, except the county aforesaid, for the maintenance of the same. Sec. S, Act of May 25, 1907, P. L. 240. , 1339. STIPULATIONS OF CONTRACTS. AMOUNT PAID BY COUNTY TO BE PAID DIRECTLY TO CONTRACTOR. The contracts herein provided for may stipulate that the respective borough, county, railroad company, street railway, or other company, or parties interested, or any of them, shall pay a certain part or por- tion of the whole contract price or cost of the work, including dam- ages ; or may stipulate that each shall construct or pay for the con- struction of a certain part or portion of the work, and may otherwise provide for the payment of the damages. When any i-ailroad com- pany, street railway, or other company, or other parties interested, agree to pay a certain part or portion of the cost of the entire work, they shall pay such part or portion into the proper borough treasury ; and upon said payment the borough treasure!- shall be Hable therefor, -and he shall pay the same over to the contractors, as may be provided in the contract; but the amount to be paid by the respective county shall be paid directly to the contractor, as may be provided by the said contract. The said agreements may also provide for the main- 36 562 tenance of the ^aid viaducts and bridges after their erection. All contracts provided for by this act shall be binding upon the parties thereto, their lessees, successors, heirs, and assigns. Sec. 6, Act of May 25, 1907, P. L. 240. 1340. PLANS AND SPECIFICATIONS. ADVERTISING FOR AND AWARDING CONTRACTS. PROVISIONS OF CONTRACT. RIGHT OF ACTION. Whenever the borough, county commissioners, and the said railroad, street railway, and other companies, and others interested, or any of them, have entered into a contract or contracts for the construction of said bridge or viaduct, as is hereinbefore provided, it shall be lawful for the said borough and the said county commissioners to have prepared plans or specifica- tions of the entire work, and thereafter to advertise for bids, and to award the contract to the lowest responsible bidder. The contract for the said work shall provide that the county shall pay for its cer- tain part of said bridge or viaduct, and the borough shall contract for the other part of the said work; but the said contract as to the bor- ough's part thereof shall be based upon the appropriation made by the borough for the part of the work for which it had agreed to pay, and the remaining of the contract price shall be based upon the amounts the other parties have agreed to pay; and the contractor shall have the right of action against each party uniting in said contract, for the part thereof agreed to be paid by each party, respectively, as set forth in the contract or contracts in which all the parties unite as aforescud. Sec. 8, Act of May 25, 1907, P. L. 240. 1341. CONTRACTS MAY BE RECORDED. IN SUCH CASE TO BE NOTICE TO PERSONS AFFECTED. Any of the con- tracts hereinbefore provided for may be recorded in the recorder's of- fice of the proper county in which the respective borough is situate, and such record shall be notice to all persons who might be affected thereby. Sec. 10, Act of May 25, 1907, P. L. 240. 4. First-Class Township Bridges and Viaducts. 1342. CONTRACTS FOR CONSTRUCTION AND MAIN- TENANCE OF WHOLE OR PART OF BRIDGE OR VIADUCT, AND FOR PAYMENT OF DAMAGES AUTHORIZED. The said township shall also have the power to enter into and unite in a e«»tract or contracts with the county commissioners of the proper eounty, »nd also with railroads, street railways, and other companies and parties interested, or with any or all of them, for the building. 563 construction, and maintenace of said viaduct or bridges, or for certain parts or portions thereof, and for the payment of any damages caused by the location and the said erection. Sec. 4, Act of June 15, 1911, P. L. 987. Repealed as far as relates to the powers of or duties imposed upon townships by the Act of July 14, 1917, P. L. 988. The said powers and duties are contained in the Township Code of 1917. 1343. CONTRACTS OF COUNTY COMMISSIONERS. LIMITATIONS AND RESTRICTIONS. AID WHERE BRIDGE OR VIADUCT MIGHT NOT HAVE BEEN BUILT BY COUNTY. When the said viaduct or bridge crosses a river, creek, or stream, or other place, over which the county is authorized by law to build bridges, the said county commissioners may contract, sub- ject to the approval of the court of quarter sessions of the proper county, for that part or portion of the viaduct or bridge which crosses any of the places, hereinbefore mentioned, over which the county is authorized by law to built bridges, including the abutments and piers thereof, and such partfe shall thereafter be maintained as a county bridge; or, they may; contract for such part or portion of the whole structure as is equal to the part or portion of the viaduct or bridge over the respective river, creek, stream, or other place, as aforesaid: Provided, however. That in such cases, the said county commission- ers may contract to pay an amount of money greater than that which is hereinabove provided for, toward the construction of the entire structure; but the amount of the said additional moneys, over and above the amount necessary to build the bridge or viaduct across the respective river, creek, stream, or other place, shall be first approved by the court aforesaid. When the said viaduct or bridge shall not cross a river, creek, stream, or other place, aforesaid, but shall cross merely railroads, or railroads and private property, the said county commissioners may contract, subject to the approval of the aforesaid court, to pay an amount of money not exceeding thirty per centum of the entire cost of the proposed viaduct or bridge ; and such viaduct or bridge shall thereafter be maintained as a township structure by the township, which shall be authorized to contract any of the parties interested, except the county aforesaid, for the maintenance of the same. Sec. S, Act of June IS, 1911, P. L. 987. 1344. STIPULATIONS OF CONTRACT. AMOUNT PAID BY COUNTY TO BE PAID DIRECTLY TO CONTRACTOR. The contracts herein provided for may stipulate that the respective township, ceunty, railroad company, street railway, or other company 564 or parties interested, or any of them, shall pay a certain part or por- tion of the whole contract price or cost of the work, including dam- ages ; or may stipulate that each shall construct, or pay for the con- struction of, a certain part or portion of the work, and may otherwise provide for the payment of the damages. When any railroad com- pany, street railway, or other company, or other parties interested, agree to pay a certain part or portion of the cost of the entire work, they shall pay such part or portion into the proper township treas- ury; and upon said payment the township treasurer shall be liable therefor, and he shall pay the same to the contractors, as may be pro- vided in the contract ; but the amount to be paid by the respective county shall be paid directly to the contractor, as may be provided by said contract. The said agreements may also provide for the main- tenance of the said viaducts and bridges after their erection. All contracts provided for by this act shall be binding upon the parties thereto, their lessees, successors, heirs, and assigns. Sec. 6, Act of June 15, 1911, P. L. 987. 1345. PLANS AND SPECIFICATIONS. ADVERTISING FOR AND AWARDING CONTRACTS. PROVISIONS OF CONTRACT. RIGHT OF ACTION. Whenever the township, county commissioners, and the said railroad, street railway, and other companies and others interested, or any of them, have entered into a contract or contracts for the construction of said bridge or viaduct, as is hereinbefore provided, it shall be lawful for the said township and the, said county commissioners to have prepared plans or speci- fications of the entire work, and thereafter to advertise for bids, and to award the contract to the lowest responsible bidder. The con- tract for the said work shall provide that the county shall pay for its certain part of said bridge or viaduct, and the township shall contract for the other part of the said work ; but the said contract as to the township's part thereof shall be based upon the appropriation made by the township for the part of the work for which it had agreed to pay, and the remaining part of the contract price shall be based upon the amount the other parties have agreed to pay ; and the contractor shall have the right of action against each party uniting in said con- tract for the part thereof agreed to be paid by each party respectively, as set forth in the contract or contracts in which all the parties unite as aforesaid. i Sec. 8, Act of June IS, 1911, P. L. 987. 1346. CONTRACTS MAY BE RECORDED. IN SUCH CASE TO BE NOTICE TO PERSONS AFFECTED. Any of the con- tracts hereinabove provided for may be recorded in the recorder's.of- I I 565 fice of the proper county in which the respective township is situate> and such record shall be notice to all persons who might be affected tliereby. Sec. 10, Act of June 15, 1911, P. L. 987. 5. Purchase or Condemnation of Public Toll-Bridges by Municipalities. 1347. CONTRACT WITH COUNTY TO PAY PART OF COST OF PURCHASE, CONDEMNATION, ETC. The several municipalities of this Commonwealth are authorized to purchase, con- demn, maintain, and use any public toll-bridge crossing any river or stream within the limits of such municipality; and to enter into con- tracts as hereinafter provided, with the county commissioners of the proper county whereby said county shall pay a portion of the cost thereof. Sec. 1, Act of March 24, 1909, P. L. 69. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312. IMS. STIPULATIONS OF CONTRACT. PAYMENTS BY COUNTY. AUTHORITY TO CONTRACT GIVEN COUNTY BY QUARTER SESSIONS ON PETITION OF TAXPAYERS. Said municipality may enter into and unite in a contract with the county comjssioners of the county in which said bridge is located, upon such terms and conditons as may be agreed upon, for the pur- chase, apprbpriation, or condemnation of said bridge. The contract may stipulate that the respective municipality and county shall pay a certain part or portion of the whole purchase price or damages al- lowed by condemnation proceedings. The amount to be paidby the county shall be paid into the municipal treasury ; and, upon said pay- ment, the municipal treasurer shall be liable therefor, and it shall be held and applied solely for the said purpose or purposes. The said agreements may also provide for and include provisions for the main- tenance, repair, and building of the said bridge, after its purchase or condemnation by the said municipality. Before any county shall enter into any contract with any muni- cipality, as aforesaid, a petition of at least twenty taxpayers of the county, where such bridge is situated, shall have been presented to the court of quarter sessions of said county, — representing that the said bridge is necessary to the accommodation of public travel, and that the payment of tolls over such bridge is burdensome to the traveling public, and that a municipality in said county is desirious of purchasing or condemning, maintaining, and using said bridge, %nd Qf entering into a contra,ct with said county whereby the said 3CX) county shall pay a portion of the cost thereof, and praying the said court for an order authorizing and empowering the commissioners of said county to enter into such a contract with said municipaUty, upon the terms and conditions set forth in said petition, — and the said court shall have granted the prayer of said petition. Sec. 8, Act of March 24, 1909, P. L. 69. (m) Contracts with Railroad Companies. 1349. CONTRACTS FOR USE, PURCHASE, REMOVAL, RE- PLACING OF EXCHANGE OF COUNTY BRIDGES AUTHOR- IZED. Any railroad company which has heretofore located or may hereafter locate its railroad upon any county bridge in this common- wealth, is hereby authorized to contract and agree with the commis- sioners of said county for the use, purchase, removal, replacing or exchange of such bridge, or for the compensation proper to be paid to said county by said company for the use and occupancy of said bridge, or such parts thereof as may be used and occupied by said railroad company; and for that purpose the said commissioners are hereby authorized and empowered to contract and agree with said company, and empowered to do all such acts as may be necessary and proper to effectually carry out such contract ; and any such con- tracts and agreements made by any county commissioners, and all rights, property and privileges granted thereby to any railroad com- pany, are hereby fully approved, ratified and confirmed. Sec. 1, Act of May IS, 1874, P. L. 185. 1350. ENFORCEMENT OF OBLIGATIONS INCURRED BY RAILROAD COMPANIES. That all moneys due, or hereafter be- Qoming due, and all obligations that have been heretofore or hereafter may be incurred by said companies, under said agreements and con- tracts heretofore made or hereafter to be made, may be collected and enforced in the same manner as debts of like amount are now re- covered in this commonwealth. Sec. 2, Act of May IS, 1874, P. L. 185. (n) General Penal Provisions for the Protection of Bridges. 1351. DRIVING CERTAIN POWER-DRIVEN VEHICLES FASTER THAN SPEED SPECIFIED. It shall be unlawful for any person or persons to drive, or cause to be driven, on or over any public bridge of this Commonwealth, any power-driven vehicle, with a gross weight of four tons or more, at a greater rate of speed than six miles per hour. Sec. 1, Act of June 28, 1917, P. L. 646. 567 1352. PENALTY. Any person offending against any of the pro- visions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine of not exceeding one hundred dollars, or to undergo an imprisonment not exceeding thirty days, or both or either, in the discretion of the court. Sec. 2, Act of June 28, 1917, P. L. 646. 1353. RIDING, DRIVING OR LEADING HORSE, ETC., FASTER THAN A WALK OVER CERTAIN WOODEN BRIDGES WHERE NOTICE HAS BEEN POSTED. PENALTY. If any person shall wilfully ride, drive or lead or cause another person to ride, drive or lead any horse or other beast of burden, faster than a walk, when crossing any wooden bridge, having an arch of the length or span of forty-five feet or upwards, such person shall, for every such offense, forfeit and pay a sum not less than five dollars, ror more than thirty dollars. Provided nevertheless. That notice of the provisions of this section be set up in the manner hereinbefore re- quired. Sec. 70, Act of June 13,^1836, P. L. 551. By Sec. 63 of this act (now repealed by the Act of July 14, 1917, P. L. 840, and supplied by Sec. 921 of that act), the duty is placed on the township authorities to put up and maintain a notice of the above penalty at the ends of all public bridges within the township. This would seem to include county bridges. 1354. DRIVING CATTLE FASTER THAN A WALK OVER CERTAIN BRIDGES WHERE NOTICE HAS BEEN POSTED. PENALTY. If any person shall wilfully drive, or cause to be driven, any horned cattle, faster than a walk, when crossing any such bridge, such person shall, for every such offense, forfeit and pay a sum not Ics? than five dollars, nor more than thirty dollars. Provided, never- theless. That notice hereof be set up in the manner hereinbefore re- quired. Sec. 71, Act of June 13, 1836, P L. 551. See note to preceding section. 1355. CARRYING UNENCLOSED FIRE OVER CERTAIN BRIDGES WHERE NOTICE HAS BEEN POSTED. PENALTY. If any person shall carry fire over such bridge, except in a lantern, or in some vessel in which it will be fully secured, such. person shall forfeit and pay the sum of five dollars : Provided, nevertheless. That notice of the provisions of this section be set up in the manner here- inbefore required. Sec. 72, Act of June 13, 1836, P. L. 551. See note to Sec. 1353 above. 1356. RECOVERY OF PENALTIES. DISPOSITION THEREOF. All fines and pecuniary penalties which may be in- curred under any of the provisions of this act, shall, unless it be otherwise especially provided, be recoverable in the name of the Commonwealth, at the instance of any person who will sue therefor, in the same manner as debts of like amount are recoverable, with costs of suit and one moiety thereof shall be paid to the person for and recovering the same, and the residue shall be paid into the treas- ury of the respective townships, for the use of the supervisors of the public roads. Sec. 75, Act of June 13, 1836, P. L. 551. The action authorized by this section is not a civil action within the meaning of Sees. 22 and 24 of the Act of March 20, 1810, P. L. 208, providing in effeci; that the action of the court of common pleas on a writ of certiorari to a justice of the peace in civil actions, is final. Comm. V. Betts, 76 Pa. 465. Repealed as far as relates to townships by the Act of July 14, 1917, P. L. 962. It seems questionable whether the townships still have a right to receive the residue of fines, and penalties collected on township bridges. 1357. CERTAIN SECTIONS OF AN ACT EXTENDED TO IRON BRIDGES. The [sixty-third,] seventieth, and the seventy- first, the seventy-second and the seventy-fifth sections of an act, en- titled "An act relative to roads, highways, and bridges," approved the thirteenth day of June, Anno Domini one thousand eight hundred and thirty-six, (four preceding sections,) be and the same are hereby ex- tended to iron bridges, of the same dimensions, throughout this Com- monwealth. Sec. 1, Act of March 18, 1864, P. L. 68. Repealed as far as relates to townshio bridges by Act of July 14, 1917, P. L. 964. 56$ CHAPTER XV. ROADS AND HIGHWAYS. (NOTE: In all cases herein where viewers are directed to be ap- pointed for any purpose, these viewers should now be appointed from the county board of viewers See Sees. 538 to 546 above.) (a) Authorization, Construction and Maintenance. 1. County Roads to be Maintained as Such. 1358. MAKING, CONSTRUCTION AND MAINTENANCE OF PUBLIC ROADS AS COUNTY ROADS. LAYING OUT AND OPENING. TAKING OVER EXISTING TOWNSHIP ROADS. STRAIGHTENING, WIDENING, EXTENDING, ALTERING AND VACATING. TO BE MAINTAINED AND KEPT IN REPAIR BY COUNTY. The several counties of this Commonwealth shall have the power, and they are hereby authorized whenever the county commissioners or a majority of them shall resolve =o to do, and upon the approval thereof by a grand jury and by the court of quarter sessions, in the manner hereinafter provided, for the purpose of providing public roads, specially constructed, improved, and maintained, to make, construct, and maintain public roads or highways as county roads within their respective limits ; and, to that end, to originally lay out and open any public road or highway, and to take possession of, and exercise control over, any existing to.wn- ship road or highway, or part thereof, and, either at the time of and in connection with the original improvement of such road or at any time thereafter, to straighten, widen, extend, and alter any such road or part thereof, and to vacate so much of any such road or part thereof as may become unnecessary and useless ; and any road or highway so taken over or improved under the provisions of this act shall there- upon become a county road ; and it shall be the duty of such county to keep and maintain such road in repair, whether improved under this or former acts of Assembly, the expense thereof to be paid by such county in the manner hereinafter provided. Sec. 1, Act of July 12, 1919, P L. 918, amending Sec. 1, Act of May 11, 1911, P. L. 244. 570 1359. PROCEDURE TO OBTAIN APPROVAL OF QUAR- TER SESSIONS AND GRAND JURY. "IMPROVED OR IM- PROVEMENT" DEFINED. When the county commissioners of any county shall resolve to exercise any of the powers conferred un- der the provisions of this act, they shall cause to be prepared surveys and plans of such road or highway, showing the road or highway proposed to be improved, together with any proposed changes in ex- isting public roads or highways, and they shall present such surveys and plans, together with their petition on behalf of such county, to the court of quarter sessions of such county, praying for authority to make such improvement; which petition shall briefly describe the proposed improvement and the estimated cost thereof, and if the method of construction has not been fully determined, the estimated cost thereof in each of several methods in which the improvement may be made. On the filing of such application or petition, the court shall refer the same to, and fix a time for the hearing of the same by, the grand jury when in session. Notice of said hearing shall be given by an advertisement published, at least ten days prior to the hear- ing, in two newspapers of general circulation in the county, which notice shall briefly describe the location of the road or highway pro- posed to be improved and the time, place, and purpose of said hear- ing. If the grand jury, by a majority vote, shall approve the peti- tion, it shall thereupon certify its approval to said court, whereupon the court shall make an order fixing a time, not less than five days thereafter, within which exceptions to said petition may be filed. Upon the hearing thereof, the court may, for proper cause shown, disapprove of said application; otherwise said court shall approve said application, and shall thereupon make an order authorizing such county to enter upon, take over, and improve such road, and to let a contract or contracts for the construction thereof under specifi- cations to be prepared by the proper county authorities, and there- upon any original location, opening, widening, straightening, exten- sion, alteration or vacation of any road set forth in said proceedings shall become absolute. , The words "improved or improvement," as herein used, mean each and every power conferred upon counties under the terms of section one of this act. Sec. 2, Act of July 12, 1919, P. L. 918, amending Sec. 3, Act of May 11, 1911, P. L. 244. 1360. RIGHT OF ENTRY ON PRIVATE OR PUBLIC PROP- ERTY TO MAKE PRELIMINARY SURVEYS, ETC. For the purpose of making all necessary preliminary surveys, in order to pre- pare such plans and estimates, the commissioners of the several coun- ties of this Commonwealth, and the persons by them- employed for such purposes, shall, and are hereby given the right to enter upon 571 private or public property, and designate by proper marks upon the ground the line of any improvement proposed to be made and con- structed under and for the purpose authorized in section one of this act. Sec. 4, Act of May 11, 1911, P. L. 244. 1361. AGREEMENT ON DAMAGES, SUBJECT TO AP- PROVAL OF COURT. PAYMENT. The county commissioners, pursuant to a resolution duly adopted by a majority of the board, may agree as to the amount of damages occasioned to any person for property taken, injured, or destroyed for the purposes aforesaid, which agreement the county commissioners shall report to the court of quarter sessions of said county ; and upon the approval thereof by such court, such damages shall be payable by the county out of the general county funds or other funds provided for that purpose. Sec. 3, Act of July 12, 1919, P. L. 918, amending Sec. S, Act of May 11, 1911, P. L. 244. 1362. IF DAMAGES CANNOT BE AGREED ON, COMMON PLEAS TO APPOINT VIEWERS AND FIX TIME FOR VIEW. NOTICE BY VIEWERS. In case the said commissioners, or a ma- jority of them, and the parties interested in the land upon which such public improvement shall or is to be made and constructed, as afore- said, fail to agree upon the compensation to be made for the property so taken, injured or destroyed by reason of such improvement; then, upon petition of such commissioners, or a majority of them, or any person or parties interested in said proposed improvement and virhose property or land is affected thereby, to a court of common pleas of said county, the said court of common pleas shall appoint three dis- interested freeholders, residents of the county aforesaid, as view^ers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet upon the line of the proposed improvement and view the same and the properties affected thereby. The said viewers shall give at least ten days' notice, by publication in the newspapers aforesaid, of the time and place of their first meet- ing, and shall also give notice thereof by handbills posted in con- spicuous places along the line or in the vicinity of the said proposed improvement. L, , Sec. 6, Act of May 11, 1911, P. L. 244. f 1363. PROCEEDINGS BY AND BEFORE VIEWERS. LAND MAY BE TAKEN FOR SLOPES, FILLS, EMBANKMENTS AND CULVERTS. The said viewers, having been sworn or af- firmed faithfully, justly and impartially to decide and true report make concerning all matters and things to be submitted to them, and 572 in relation to which they are authorized to inquire under the provis- ions of this act, and having viewed the properties connected with and affected by the said proposed improvement, shall hear all parties interested and their witnesses; and, having due regard to the ad- vantages and disadvantages, shall estimate and determine the dam- ages, if any, for the property taken, used or appropriated, and to whom the same are payable ; they shall give at least ten days' notice thereof, in the manner herein provided, to all parties interested, of the time and place when said viewers will meet and exhibit their re- port and hear any exceptions thereto; after making whatever changes are deemed necessary and proper, said viewers shall make report to the said court, showing the damages, if any, allowed, and file herewith a plan showing the properties acquired, taken, used and appropriated for the purposes aforesaid, and the names of the persons or pai-ties to whom such damages are payable. The said viewers shall have the right to adjourn from day to day as may be found necessary, and to administer oaths to all parties and witnesses ap- pearing before them and desiring to be heard upon all matters con- nected with the construction, maintenance, repair, alteration, change or extension of the improvements aforesaid. In making any such improvements it shall be lawful to enter upon, take and use what- ever land may be necessary for the proper slopes, fills, embankments, and culverts; the damages therefor, if any, shall be taken into con- sideration and determined and reported by the said board of viewers, in the manner herein provided. Sec. 7, Act of May 11, 1911, P. L. 244. 1364. PROCEDURE WHERE PROPERTY IS LEFT WITH- OUT OUTLET BY REASON OF VACATION OF PART OF OLD ROAD. Whenever, by reason of the relocating, opening, widening, straightening, or extending of any such road or highway, or any part thereof, any part of the road or highway so relocated, opened, extended, straightened, or widened shall thereby become use- less and vacated, and the property of one owner shall intervene be- tween the new road or highway and the lands of another having no other outlet, by reason of said relocation, opening, extending, straightening, or widening, it shall be the duty of the said county commissioners to obtain from the owner of said intervening property ! and the owner of the said contiguous or adjoining land an agreement for the transfer thereof from one to the other upon terms satisfactory to such parties; and said county commissioners, if the parties shall not agree to the transfer .of the properties so intervening upon the said new road, as aforesaid, and any such lot or piece of land in the opinion of the said county. commissioners be insufficient for building ; purposes, it shall be taken and used as part of said road or highway. Sec. 8, Act of May 11, 1911, P. L. 244. 573 1365. PROCEDURE WHEN BUILDING IS ON LINE OF PROPOSED ROAD. Whenever, in locating, relocating, opening, widening, straightening, or extending any road or highway, or parts thereof, under the provisions of this act, the same shall be found to pass through, take, or injure buildings, barns, or other valuable im- provements thereon, the said viewers, or a majority of them, shall have the right to recommend that such buildings and improvements, situate in part or in whole on the road or highway so to be improved, opened, widened, straightened, or extended, shall be permitted to re- main thereon for such time as shall be deemed wise and proper ; and if the court shall approve the finding and report of said viewers, or a majority of them, the owner or owners of such building or improve- ments may continue to use and enjoy the same during the time by such viewers and the court fixed and determined. But in case of the ^ destruction, vacation, or abandonment of any such building, within the time they are so authorized to remain, such owners or owner shall not have the right to re-erect and reconstruct, or retake, such build- ings or improvements within the line of such county road or highway. Sec. 17, Act of May 11, 1911, P. L. 244. 1366. DAMAGES AND COSTS OF REPAIR AND MAIN- TENANCE TO BE PAID FROM FUNDS RAISED BY TAX- ATION. All damages found, awarded, or sustained for or on ac- count of the improvement of any public road, under the provisions of this act, and all cost and expense thereafter incurred in repairing and maintaining such improved road, shall be paid from funds raised by taxation as hereinafter provided and authorized. i Sec. 9, Act of May 11, 1911, P. L. 244. y 1367. TIME FOR APPOINTMENT OF VIEWERS. COST OF VIEWERS, COURT COSTS, ETC., TO BE PAID BY COUNTY. COMPENSATION OF VIEWERS. The viewers provided for in the foregoing sections may be appointed before or at any time after the entry, taking, appropriation, or injury of any private property used and required in said improvement. The costs of the said viewers and all court costs incurred, including advertising and notices, shall be paid by the said county; and each of the said viewers shall be entitled, as compensation, to a sum not exceeding five dollars per day for every day necessarily employed in performing the duties herein prescribed. Sec. 10, Act of May 11, 1911, P. L. 244. For present provisions as to compensation of viewers see Sec. 173 above. 574 1368. PROCEEDINGS SUBSEQUENT TO REPORT OF VIEWERS. QUORUM OF VIEWERS. Upon the report of said viewers, or a majority of them, being filed in said court, any party in interest may, within thirty days thereafter, file exceptions to the same ; and the court shall have power to confirm said report, or to modify, change, or otherwise correct and amend the same, or refer the same back to the same or new viewers, with like power as to their report ; or within thirty days after the filing of any report in court, the county commissioners, on behalf of the county, or any party whose property is taken, injured or destroyed, may appeal therefrom and demand a trial by jury; and any party so interested may, within thirty days after final decree and confirmation of said report by said court, have an appeal to the Supreme Court. That said court of com- mon pleas shall have power to order and direct what notices shall be given in connection with any part of said proceedings, and make such orders as it may deem requisite in the premises. For the purposes of this^ act, it shall be lawful for a majority of the said board of view- ers to hear, determine, pass upon, and report all matters in this act 1 elating to said viewers, but all said viewers shall act unless pre- vented by sickness or other unavoidable cause. ' Sec. 11, Act of May 11, 1911, P. L. 244. 1369. CONTRACTS FOR IMPROVEMENTS. BOND. SURETIES. Upon the approval of any application to improve any public road or highway under the provisions of this act, the county commissioners of such county are authorized and empowered to in- vite proposals in the manner provided by law for the letting of county contracts, and to let a contract or contracts therefor to the lowest re- sponsible bidder. No contract shall be awarded for any of such pub- lic work unless proper bonds shall be given for the faithful perform- ance thereof by the person or persons to whom the contract shall be awarded, with proper security, to be approved by the county com- missioners. Any incorporated company, doing business within such county, authorized by law to become security for persons or corpora- tions, may be taken and accepted as surety upon such bonds. Sec. 4, Act of July 12, 1919, P. L. 918, amending Sec. 12, Act of May 11, 1911, P. L. 244. 1370. TO BE COUNTY HIGHWAYS AND BE MAIN- TAINED AND REPAIRED BY COUNTY. CONTROL OF TOWNSHIP AUTHORITIES, ETC., TO CEASE. All such roads and highways, and all parts thereof, originally constructed and im- proved in accordance with the provisions of this act, shall be deemed, taken, and treated as, and become public highways of the said county, and shall be subject to the control and supervision of the proper 575 county commissioners ; and it shall be the duty of said several coun- ties to keep, maintain and repair the same whenever and as often as it shall be found necessary; and all road supervisors, authorities, per- sons, or townships, heretofore required to maintain and keep in re- pair such roads or parts thereof, shall thereupon and thereafter cease to have any management of or control over said roads or any part thereof; and such supervisors, authorities and townships are hereby relieved from all duty and responsibility in and about the care, main- tenance, and repair of all roads improved under this act and of for- mer acts, and becoming county roads ; and all other public roads shall continue under the control of the proper local authorities, and shall be opened, repaired, and maintained under the laws now in force in the respective townships of the several counties of this Common- wealth. Sec 19, Act of May 11, 1911, P. L. 244. 1371. ANNUAL TAX TO SECURE FUND TO PAY DAM- AGES AND COST OF LAYING OUT. CONSTRUCTING AND MAINTAINING ROADS AND IN TAKING PROPERTY FOR SLOPES, EMBANKMENTTS, ETC. PAYMENTS OUT OF FUND. The said commissioners, or a majority of them, of the sev- eial counties of this Commonwealth, are hereby authorized to levy, assess, and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within said county, now or hereafter taxable for county purposes, for the purpose of ac- quiring and securing a fund from which to pay all costs, damages, and expenses required in locating, opening, widening, straightening, ex- tending, maintaining, repairing, or vacating of the roads and high- ways, or parts thereof, improved under the provisions of this act; and for the taking, using, and enjoying of such land as may be neces- sary in constructing and maintaining proper slopes, embankments, fills, and culverts ; and the moneys so raised shall not be used or ex- pended for any other purpose than that named in this section. AH warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the said commissioners, or a majority of them, in the manner now provided by law in the several counties, upon estimates which shall be made from time to time by the person charged with such duty, and the amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized. Sec. IS, Act of May 11, 1911, P. L. 244. 576 1372. BORROWING MONEY AND BOND ISSUE FOR BUILDING, IMPROVING, REPAIRING AND MAINTAINING CERTAIN COUNTY ROADS. CERTAIN BONDS SUBJECT TO APPROVAL BY GRAND JURY AND QUARTER SES- SIONS. The county commissioners of the several counties are hereby authorized to borrow money, and secure any indebtedness created by them, for' the purpose of building, improving, repairing, and maintaining the public roads and highways now constructed, or to be constructed, as aforesaid, by issuing bonds, not to exceed iii the aggregate two (2) per centum of the total of the assessed value of all property for taxable purposes in such county at the last preceding triennial valuation ; but no such bond or indebtedness shall bear in- terest at a rate exceeding five (5) per cent, per annum. The said county commissioners shall not issue bonds, in any one year, to an amount exceeding one-half (J^) of one (1) per centum of the total valuation of all property for taxable purposes in said county, as shown by the last triennial assessment, in any county issuing bonds under the provisions of this act : Provided, That the amount of bonds issued in any one year in excess of one-tenth (1-10) of one (1) per centum of the total valuation of all property for taxable pur- poses in said county, as shown by the last triennial assessment in any county issuing bonds under the provisions of this act, shall be ap- proved by the grand jury and the court of quarter sessions. Sec. 16, Act of May 11, 1911, P. L. 244. 1373. POWERS OF ADJOINING COUNTIES TO PROVIDE SPECIALLY CONSTRUCTED ROADS ALONG AND AD- JACENT TO COUNTY LINES AND FROM ONE COUNTY INTO ANOTHER. Adjoining counties of this Commonwealth shall have the same powers to provide public roads, specially constructed, extending along and adjacent to county lines, and from one adjoin- ing county into another, as are now vested in counties by the pro- visions of the act to which this act is a supplement, relative to spe- cially constructed roads in the several counties of this Common- wealth. Sec. 1, Act of May 21, 1913, P. L. 287. This act (this and the following section) supplements the Act of May 11, 1911, P. L. 244, above. 1374. PROCEDURE AND JURISDICTION IN EACH COUNTY. The procedure and jurisdiction in each county in such cases shall be the same as to the portion or portions of such public road or highway lying within its limits (the several portions thereof lying within its limits to be treated in all proceedings as one con- tinuous road or highway) as is provided in the act to which this act 577 is a supplement, for the construction of roads thereunder, except that the petition, plans, 'and surveys of such road or highway shall de- scribe and exhibit, as well the portion or portions of such road or highway within the limits of such county, as the portion or portions thereof extending along the line of or into an adjoining county. Sec. 2, Act of May 21, 1913, P. L. 287. 2. Maintenance, Repair and Vacation of Certain County Roads and Turnpikes. 1375. PLANS AND ESTIMATES FOR REPAIR AND MAIN- TENANCE OF CERTAIN COUNTY ROADS AND TURN- PIKES. PROPOSALS AND CONTRACTS FOR SAME. COM- MISSIONERS AUTHORIZED TO DO^WORK AND EMPLOY LABOR AND PURCHASE MACHINERY, ETC., THEREFOR. Said commissioners shall have prepared plans and estimates, as often as required, for the repair and maintenance of abandoned or con- demned turnpike roads and of all public roads or highways which may be originally located or improved under the provisions of this act, or which have been originally located or improved under former acts, and become county roads in their respective counties ; they may invite proposals for maintaining and repairing such roads, or parts thereof, in accordance with such plans and estimates, and award the contract therefor, in like manner as contracts for the new improve- ments aforesaid, or make the necessary repairs themselves; and for the purpose of making the necessary repairs, the commissioners, or a majority of them, of the several counties of this Commonwealth, are hereby authorized to employ or appoint the proper persons, buy the necessary machinery, et cetera, to properly maintain and keep in re- pair all public roads or highways which may hereafter be improved under this act, or which have been improved under former acts, and have or may become county roads in their respective counties. Sec. 1, Act of July 8, 1919, P. L. 738, amending Sec. 13, Act of May 11, 1911, P. L. 244. 1376. EMPLOYMENT OF PERSONS TO PREPARE SUR- VEYS, PLANS AND ESTIMATES AUTHORIZED. COMPEN- SATION. For the purpose of performing all necessary duties re- lating to the improvement and repair of public roads already con- structed, and herein authorized, the said county commissioners, or a majority of them, of the several counties of this Commonwealth\ are hereby authorized to employ or appoint proper persons to prepare said surveys, plans, and estimates, and- do all necessary and proper work connected therewitlj, and shall fix the compensation of all per- sons so employed. Sec. 14. Act of May 11, 1911, P. L. 244. 37 578 1377. VACATION AS COUNTY ROADS ON APPROVAL OF QUARTER SESSIONS AND GRAND JURY. TO BECOME TOWNSHIP ROADS. Upon petition of the county commissioners of any county, the court of quarter sessions of the county, with the approval thereof by the grand jury, may vacate as a county road any portion or portions of any abandoned or condemned turnpike road or of any road the permanent location or improvement whereof has been ordered or. made under this or former acts relating to county roads, and all portions of such roads so vacated shall become and be towH- ship roads. Sec. 2, Act of July 8, If 1», P. L. 738, *«iemii«K Se* M, A«t mi M»y H, 1911, P. L. 244. 3. Highways, Bridges, Tunnels, Subways and Under- ground Roads, wholly or partly within Cities, Boroughs or Townships. 1378. LOCATION, CONSTRUCTION, OPERATION AND MAINTENANCE AUTHORIZED. TO BE A COUNTY HIGH- WAY, ETC., AND MAINTAINED AND REPAIRED BY COUNTY. The several counties of this Commonwealth shall have power, and they are hereby authorized, whenever the commissioners or a majority of them shall, by resolution duly adopted, deem it ex- pedient so to do, and upon the approval thereof by a grand jury and by the court of quarter sessons as heireinafter provided, to cause to be located, constructed, operated, and maintained under the provisions of this act a public highway, bridge, tunnel, subway, or underground road, or highways, bridges, tunnels, subways, or underground roads, anywhere within the several counties of this Commonwealth, either wholly or partly within the territorial limits of cities, boroughs, and townships thereof ; and any highway, bridge, tunnel, subway, or un- derground road constructed under the provisions of this act shall for- ever thereafter be a county 'highway, bridge, tunnel, subway, or un- derground road, and the duty of maintaining the same and keeping in repair shall devolve upon the county, and the expense thereof shall be paid by the county as hereinafter provided. Sec. 1, Act of March 23, 1917, P. L. 12. 1379. PROCEDURE TO OBTAIN APPROVAL OF QUAR- TER SESSIONS AND GRAND JURY. Whenever the commis- sioners of any county shall resolve to construct any public highway, bridge, tunnel, subway, and underground road in accordance with the provisions of this act, they shall cause to be prepared surveys and plans for said public highway, bridge, tunnel, subway, and under- aground road, with an estimate of the cost and expense of the same ; 579 and shall thereupon present such surveys, plans and estimate, or a copy thereof, together with their petition, to the court of quarter ses- sions of the county; and, upon the filing thereof, the court shall di- i-ect notice to be given of the same, substantially describing the location and termini of said public highway, bridge, tunnel, subway, and underground road, by publication, at least once a week for three consecutive weeks, in at least two newspapers of general circulation published in the county wherein said proposed public highway, bridge, tunnel, subway, and underground road is to be constructed,— or, if no newspaper be published in »aid eouHty, then in a newtpaper or newspapers published in the nearest adjoinjag county,'— of the time when said application is to be laid before the grand jury; and after advertisement as aforesaid the said eourt shall cause the said applica- tion to be laid before the grand jury when in session ; and if a ma- jority of said grand jury, after a full investigation by the grand jury, shall approve the s^me, they shall certify their approval to the court; whereupon the court shall fix such time for filing exceptions to said proceedings as the court shall deem proper, and upon hearing thereof the said court may, for cause shown, disallow said application; but, if no sufficient cause be shown to the contrary, said application shall be approved ; and said court shall, thereupon, order that' said public highway, bridge, tunnel, subway, and underground road be con- structed in accordance with the plans and surveys accompanying the said application ; and thereupon the right to proceed with said con- struction of said public highway, bridge, tunnel, subway, and under- ground road, as set forth in said proceedings, shall remain absolute. Sec. 2, Act of March 23, 1917, P. L. 12. 1380. RIGHT OF ENTRY ON PRIVATE OR PUBLIC PROP- ERTY TO MAKE PRELIMINARY SURVEYS. For the purpose of making all necessary preliminary surveys, in order to prepare such plans and estimates, the commissioners of the several counties of this Commonwealth, and the persons by them employed for such pur- poses, shall, and are hereby given the right to enter upon private or public property, and designate by proper marts upon the ground the line and location of any public highway, bridge, tunnel, subway, and underground road proposed to be constructed under, and for the pur- pose authorized in section one of this act. Sec. 3, Act of March 23, 1917, P. L. 12. 1381. RIGHT OF EMINENT DOMAIN. PURPOSES. DAM- AGES TO BE REPORTED BY VIEWERS. In the location, con- struction, maintenance, and operation of said public highway, bridge, tunnel, subway, and underground road it shall be lawful for the sev- eral counties to enter' upon, take, appropriate, and use whatever land, 580 ground, and property may be necessary for the proper Construction thereof, and of the proper approaches, slopes, fills, embankments, — the damages therefor, if any, shall be taken into consideration and de- termined and reported by the said board of viewers, in the manner herein provided. Sec. 4, Act of March 23, 1917, P. L. 12. 1382. AGREEMENT ON DAMAGES. APPROVAL OF COURT. PAYMENT BY COUNTY. When said application, surveys, and plans shall have been finally approved by such court, and said public highway, bridge, tunnel, subway, and underground road ordered to be constructed, as aforesaid, the said county commission- ers, or a majority of them, shall endeavor to agree with the persons or parties interested in the properties afiFected thereby as to the dam- ages, if anjr, sustained by reason of the taking, injuring, or destroying such property; and, upon agreement being made, the said county commissioners shall report the same to such court, showing the amount of damages agreed to be paid and the names of the persons or parties to whom the same are payable ; and, upon the approval thereof by such court, the said damages shall be payable by said com- missioners, out of the moneys specifically raised for such purposes, in the manner hereinafter provided. Sec. S, Act of March 23, 1917, P. L. 12. 1383. IF DAMAGES CANNOT BE AGREED ON, COMMON PLEAS TO APPOINT VIEWERS AND FIX TIME FOR VIEW. NOTICE OF VIEW. In case the said commissioners, or a majority of them, and the parties interested in the land upon or under which said public highway, bridge, tunnel, subway, and underground road shall be or is to be constructed, as aforesaid, fail to agree upon the compensation to be made for the property so taken, injured, or des- troyed by reason of such construction; then, upon petition of such commissioners, or a majority of them, or any person or parties in- terested in said proposed construction, and whose property or land is affected thereby, to a court of common pleas of said county, the said court of common pleas shall appoint three disinterested freehold- ers, residents of the county aforesaid, as viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet upon the line of the proposed construction and view the same and the properties afifected thereby. The said viewers shall give at least ten days' notice, by publicatiojj in the newspapers aforesaid, of the time and place of their first meeting, and shall also give notice thereof by handbills posted in conspicuous places in the vicinity of the said proposed public highway, bridge, tunnel, subway, and underground road. Sec. 6, Act of March 23, 1917, P. L. 12 581 1384. PROCEEDINGS BY AND BEFORE VIEWERS. The said viewers, having been sworn or affirmed faithfully, justly, and im- partially to decide and true report make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire under the provisions of this act, and having viewed the properties connected with and affected by said proposed improvement, shall hear all parties interested and their witnesses; and, having due regard to the advantages and disadvantages, shall estimate and determine the damages, if any, for the property taken, used, or appropriated, and to whom the same are payable. They shall give at least ten days' notice thereof, in the manner herein pro- vided, to all parties interested, of the time and place when said view- ers will meet and exhibit their report and hear any exceptions thereto. After making whatever changes are deemed necessary and proper, said viewers shall make report to said court, showing the damages, if any, allowed; and file therewith a plan showing the properties ac- quired, taken, used, and appropriated for the purpose aforesaid, and the names of the parties or persons to whom such damages are pay- able. The said viewers shall have the right to adjourn from day to day, as may be found necessary, and to administer oaths to all parties and witnesses appearing before them apd desiring to be heard, upon all matters connected with the construction, maintenance, repair, change, or extension of the public highway, bridge, tunnel, subway, and underground road, as aforesaid. Sec. 7, Act of March 23. 1917, P. L. 12. 1385. PAYMENT OF DAMAGES, COSTS AND EXPENSES. All damages found, awarded, or sustained, for or on accdunt of the construction, maintenance, and operation of any public highway, bridge, tunnel, subway, and underground road under the provisions of this act, and all costs, and expense thereafter incurrd in repairing arid maintaining such public highway, bridge, tunnel, subway, and underground road, shall be paid from the fiinds raised by taxation or by bonds, as hereinafter provided and authorized. Sec. 8, Act of March 23, 1917, P. L. 12. 1386. TIME OF APPOINTMENT OF VIEWERS. PAY- MENT OF COST OF VIEWERS, COURT COSTS, ETC. COM- PENSATION OF VIEWERS. The viewers provided for in the preceding sections may be appointed before or at any time after the entry, taking, appropriation, or injury of any property used and ac- quired in said construction. The costs of said viewers and all court C9Sts incurred, inciuding all advertising and notices, shall be paid by 5K said county; and each •£ the said viewers shall be entitled, as com- pensation, to a sum not exceeding five dollars per day for every day necessarily employed in performing the duties herein prescribed. Sec. 9, Act of March 23, 1917, P. L. 12. 1387. PROCEEDINGS AFTER REPORT OF VIEWERS. QUORUM OF VIEWERS. Upon the report of said viewers, or a majority of them, being filed in said court, any party in interest may, within thirty days thereafter, file exceptions to the same; and the court shall have the power to confirm said report, or to modify change or otherwise correct and amend the same, or ref^r the same back to the same or new viewers, with like power as to their report; or, within thirty days after the filing of any report in court, the county commissioners, on behalf of the county, or any party whose prop- erty is taken, injured, or destroyed, may appeal therefrom and de- mand a trial by jury ; and any party so interested may, within thirty days after final decree and confirmation of said report by said court, have an appeal either to the Superior or the Supreme Court, accord- ing to law. The said court of common pleas shall have the power to order and direct what n«tic«6 shall be given in connection with any part of said proceedings, and make such orders as it may deem re- quisite in the premises. Fer the purposes ©f this act, it shall be law- ful for a majority of said beard ©f viewers to hear, determine, pass upon, and report all matters in this aet relating to said viewers ; but all said viewers shall act unless prevented by sickness ar ether un- avoidable cause. Sec. le. Act ef March 3S, 1917, P. I^. 12. 1388. PROPOSALS FOR BIDS AND AWARDING CON- TRACTS FOR MAKING AND CONSTRUCTING. BOND FOR FAITHFUL PERFORMANCE OF CONTRACT. SURETIES. After said surveys and plane and the aforesaid applications to the court of quarter sessions ahall hare been approved by the court, and the said public highway, bridge, tunnel, subway, and underground road, as decreed by said court of common pleas, ordered to be made and constructed in accordance therewith, the commissioners, or a majority of them, of the respective counties wherein said improve- ment is made or to be made and constructed, shall invite proposals for the making and constructing of the same, or such part or parts of the same as the commissioners shall deem proper, by publication in at least two newspapers of general circulation published in said county, — or, if no newspaper be published in said county, then in a news- paper or newspapers published in the nearest adjoining county, — once a week for four consecutive weeks, fixing a time therein whea such proposals will be opened »nd contracts therefor awarded. In addition to the notices, so ordered to be given for publication, there shall be posted in the ofiSce of said commissioners of the respective counties like notices, as those now given inviting proposals for the construction and repair of all public highways and bridges. The contract or contracts, as aforesaid, shall be awarded by the said com- missioners, or a majority of them, to the lowest responsible bidder. No contract shall be awarded for any of said public work until proper bonds shall be given for the faithful perforniance thereof by the per- son or persons to whom the same shall be awarded, with proper se- curity, to be approved by said commissioners or a majority of them. Any incorporated company doing business within any of said coun- ties, authorized by law to become security for persons or corpora- tions, may be taken and accepted as surety upon the bonds herein required to be given. «M. 11. A«t •{ Uartk M. 1^17. F. L. It 13t9. EMPLOYMENT OF LABOR IN CONSTRUCTION, MAINTENANCE, ETC, COMPENSATION. For the purpose of performing all nacessary duties relating to the construction, improve- ment, maintenance, and repair ®f public highways, bridges, tunnels, subways, and underground roads, herein authorized, the said county commissioners, or a majority of them, of the several counties of this Commonwealth, are hereby authorized to employ or appoint proper persons to do all necessary and proper work connected therewith, and shall fix the compensation of all persons so employed. ' S»G. 12, Aet ef Mareh 23, 1917, P. It. 12. 1390. CONTRACTS OR LEASE WITH STREET RAILWAY OR TRANSPORTATION COMPANY FOR SPECIAL USE OF IMPROVEMENT. RESTRICTIONS. The said county commis- sioners, or a majority of them, of the several counties of this Com- monwealth, are hereby authorized and empowered to make and enter into a contract or lease with any street railway or transportation company, its successors and assigns, for the concurrent use of such a portion of said public highway, bridge, tunnel, subway, and under- ground road as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon : Provided, however. That no such contract or lease for the concurrent use of a portion of such improvement shall be for a longer term or period than ,twenty years : And provided further, That no such contract or lease shall be made or entered into by the said county commissioners, or a majority thereof, affecting the pub- S84 he use and enjoyment of said improvement or any part thereof, ex- cept upon and after any such contract or lease has been duly approved by the court of quarter sessions of the proper county. Sec. 13, Act of March 23, 1917, P. L. 12. 1391. ANNUAL TAX LEVY AUTHORIZED. PURPOSES. PAYMENTS OUT OF FUND SO CREATED. The said commis- sioners, or a majority of them, of the several counties of this Com- monwealth, are hereby authorized to levy, assess, and collect an annual tax of not more than two mills on the dollar on all real and personal property, within said county, now or hereafter taxable for county purposes, for the purpose of acquiring and securing a fund from which to pay all costs, damages, and expenses required in locat- ing, opening, constructing, maintaining, and repairing public high- ways, bridges, tunnels, subways, and underground roads constructed under the provisions of this act, and the taking, using, and enjoying of such land as may be made necessary in constructing the same, and in maintaining proper slopes, embankments, approaches, and termini for said public highways, bridges, tunnels, subways, and underground roads ; and the money so raised shall not be used or expended for any other purpose than that named in this section. All warrants for the piayment of any portion of the money raised for the purposes afore- said shall be issued by said commissioners, or a majority of them, in the manner now provided by law in the several counties, upon esti- mates which shall be made from time to time by the person charged with such duty ; and the amount and time within whith the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized. Sec. 14, Act of March 23, 1917, P. L. 12. 1392. BORROWING MONEY AND BOND ISSUE FOR CON- STRUCTION OF HIGHWAYS, ETC., AUTHORIZED. LIMIT- ATIONS AND RESTRICTIONS. The several counties are hereby authorized, when the county commissioners of the respec- tive county shall by a majority vote resolve so to do, to borrow money and to incur indebtedness to an amount, in the aggregate not exceeding one-half of one per centum of ;the assessed valuation of the taxable property in said county, as fixed by the last preceding as- sessed valuation thereof, for the construction of such public high- ways, bridges, tunnels, subways, and underground roads, or for the purpose of funding any indebtedness incurred therefor ; and to issue, as evidence thereof, registered or coupon bonds, payable within thirty years from the date of their issue, and bearing interest at a rate not 585 exceeding six per centum per annum, payable annually or semi- annually. Said bonds shall not be sold for less than their par value and accrued interest. Sec. 15, Act of March 23, 1917, P. L. 12. 1393; SINKING-FUND AND TAX LEVY TO PAY BONDS. Said commissioners, or a majority of them, are hereby authorized to make provision for a sinking-fund, to pay at maturity any bonded in- debtedness which may be incurred as hereinbefore provided, and to levy and collect taxes on all the taxable property in the several coun- ties, in. addition to all other taxes, for the purpose of paying the same. Sec. 16, Act of March 23, 1917, P. L. 12. 1394. CONSENT OF CITY OR BOROUGH REQUIRED IN TAKING STREET OR OTHER PROPERTY OF SUCH MUNI- CIPALITY. COUNTY TO BE CHARGED WITH SUPER- VISION, CONTROL, ETC. Should any board of county com- missioners, in the exercise of the powers herein conferred; deem it necessary or advisable to enter upon or appropriate any highway, street, or property of any city or borough in said county, or take any other action affecting the property, rights; or authority of such city or borough, for the purpose of consti'ucting or maihtaining a high- way, bridge, tunnel, subway, of underground road, or otherwise, the consent thereto of such city or borough, by ordinance, shall be ob- tained before the actual entering in or upon, or the appropriation of, such street, highway, or property; and after such entry and appro- piration by any county, as aforesaid; said county shall be liable and charged with the supervision, control, and maintenance of said high- way, streets, and properties, or so mych thereof as is taken and used for the purpose of constructing and maintaining such highway, bridge, tunnel, subway, or underground road. Sec. 17, Act of March 23, 1917, P. L. 12: 4. System of Main Thoroughfares Adopted, Laid Out and Constructed by County, and Becoming Borough and Township Roads. 1395. LOCATING, RELOCATING, ALTERING, OPENING, CONSTRUCTION, IMPROVING, ETC., AUTHORIZED. PRO- CEDURE, VARIATIONS FROM AND ADDITIONS TO SYSTEM IN CERTAIN CASi^S. The several counties of the Com- monwealth shall have the power, and they are hereby authorized, wheijever the commissioners or a majority of them shall, by resolu- tion duly adopted, deem it expedient so to do, and upon approval thereof by a grand jury and by the court of quarter 'sessions, as here- 586 inafter provided, for the purpose of providing public roads^ specially constructed and improved, shall have the power to take exclusive control of and improve any public road or highway, or section thereof, located either wholly or in part in any borough or township, within their respective limits, whether existing by their authority or laid out in whole or in part by virtue of this act, or otherwise ; and for that purpose they are hereby authorized and empowered to originally locate, lay out, establish, in whole or in part, relocate, straighten, widen, extend, alter and open, public roads and highways, and to con- struct and improve the same, and to vacate so much of any roads as may be thereby rendered unnecessary and useless, in the manner and by the procedure hereinafter provided ; but any road or highway as established or altered, constructed and improved, under the provisions of this act, shall, by ordinance enacted by the borough councils of the borough or several boroughs, or by resolution adopted by the super- visors of the township or several townships, through which such road shall pass, become borough or township roads ; and the duty of main- taining and keeping the same in repair shall devolve upon the proper township or borough through or into which the sarhe extends : Pro- vided, That no applications under this act shall be permitted by the court of quarter sessions of any covmty, until the commissioners of such county shall have fulfilled the following conditions : — Any board of county commissioners which desires the benefits of this statute shall cause to be laid out, surveyed, and adopted, as here- inafter provided, a system of main thoroughfares, which said board shall adjudge the proper roads to be established and specially con- structed and improved in accordance with this act, as now amended. In adopting a system, the commissioners shall consider the popula- tion and needs of all parts of the county, and make an equitable dis- tribution of the roads to be specially constructed, located, and im- proved by the said county. They shall cause a plan or plans to be made showing said system of proposed roads, the relation of the pro- posed roads to existing public roads which connect therewith or are to be supplied thereby, the names of abutting property owners, and also roads which have been improved under the said acts hereby amended. Upon approval of said plan or plans, by a resolution duly adopted by the commissioners, they shall cause said resolution to be engrossed upon said plans, and certified over the signature of a ma- jority. Said plans shall be filed for public inspection in the office of the commissioners, and recorded in the office of the recorder of deedsj in a book to be provided for the purpose. After the adoption and recording of said plans, all applications under this act to the court of quarter sessions shall be restricted and relate to the establishing, opening, construction, and improvement of the proposed roads of said 587 system, or parts thereof, and the vacation of roads supplied by the portions opened and improved : Provided, That the commissioners, upon approval by a grand jury and the court of quarter sessions, as hereinafter provided, are empowered to relocate, straighten, widen, extend, alter, and open, construct and improve, the proposed public roads, as laid out, surveyed, marked, and shown upon said plans of said system ; or to originally locate, lay out, and establish, construct and improve public roads which substantially supply said system or parts thereof, or which, although not parts of said system, are deemed by the said grand jury and court to be main thoroughfares of suf- ficient importance to be improved by the county, and to be added to said plan ; and, in such case, to vacate so much of the roads of said system, and of public roads already established, as may be rendered unnecessary by the changes or by entirely new location: Provided also. That no part of the proposed roads of said system shall,, as such, be an easement upon private property, or in any manner interfere with the use thereof, until established as a public road by the action of the grand jury and the court of quarter sessions : Provided also, That the commissioners, subject to the approval of a grand jury and the court of quarter sessions, as hereinafter provided, may originally locate, lay out, and establish, in whole or in part, relocate, straighten, widen, extend, alter, and open, construct and improve public roads, not parts of said system nor deemed main thoroughfares, upon parties interested therein paying or securing to be paid, in a manner to be approved by the court of quarter sessions, such proportion of the cost of the orginial construction and improvement as the commissioners may deem just, which shall not be less than one-fourth of such cost in any case : Provided also. That in any county, where no work has been done in the improvement of its roads hereunder, prior to April first, one thousand nine hundred and five, the commissioners of said county shall not be required to adopt and file the plans, aforesaid, until the expiration of a period of two years from and after the com- mencement of the improvement of the roads of said county, as afore- said. Sec. 1, Act of May 13, 190*, T. h. 527, avending Sec. 1, Act of June 26, 1895, P. L. 336, as amended. Repealed in so far as it confers an/ povrer or imposes any duty on boroughs by the Act of May U, 1915, P. L. 312. 1396. PROCEDURE TO OBTAIN APPROVAL OF QUAR- TER SESSIONS AND GRAND JURY. Whenever the commis- sioners of any county shall resolve to improve any public road or highway in accordance with the provisions of this act, they shall cause to be prepared surveys and plans of said road or highway, and the proposed improvement thereof showing aay re-location, straight- 588 ening, widening, extension or alteration thereof, together with an estimate of the cost and expense of the same, and also showing the vacation of any road or part thereof rendered unnecessary or useless thereby, and shall thereupon present such surveys, plans and esti- inate, or a copy thereof, together with their petition, to the court of quarter sessions of the county, and upon filing thereof the said court shall direct notice to be given of the same, substantially describing the line of the proposed improvement, by publication at least once a week for three consecutive weeks in at least two newspapers of gen- eral circulation, published in the county wherein said proposed im- ]:rovement is to be made or constructed, and of the time when the said application will be laid before the grand jury; and after adver- tisement, as aforesaid, the said court shall cause the said application to be laid before the grand jury, when in session, and if a majority of said grand jury, after a full investigation of the matter by the grand jury, shall approve of the same they shall certify their approval to the court, whereupon the court shall fix such time for filing exceptions to said proceedings as the court shall deem proper, and upon hearing thereof the said court may, for cause shown, disallow said application, but if no sufficient cause be^ shown to be contrary said application shall be approved and said court shall thereupon order that said im- provement shall be made and constructed in accordance with the plans and surveys accompanying the said application, and thereupon any re-location, opening, straightening, widening, alteration or vacation of any road as set forth in said proceedings shall remain absolute. Sec. 2, Act of June 26, 189S, P. L. 336. 1397. ENTRY ON PRIVATE OR PUBLIC PROPERTY TO MAKE PRELIMINARY SURVEYS, ETC. For the purpose of making all necessary preliminary surveys in order to prepare such plans and estimates, the commissioners of the several counties of this Commonwealth and the persons by them employed for such purposes shall, and are hereby given the right to enter upon private or public property and designate, by proper marks upon the ground, the line of any improvement proposed to be made and constructed under and for the purpose authorized in section one of this act. Sec. 3, Act of June 26, 1S9S, P. L. 336. 1398. AGREEMENT ON DAMAGES, SUBJECT TO AP- PROVAL OF COURT. PAYMENT. When said application, sur- veys and plans shall have been finally approved by such court, and said public improvement ordered to be made as aforesaid, the said county commissioners, or a majority of them, shall endeavor to agree 589 with the persons or parties interested in the properties affected there- by ,as to the damages, if any, sustained or which seem Ukely to be sustained by reason of the taking, injuring or destroying such prop- erty, and upon agreement being made the said commissioners shall report the same to such court showing the amount of damages agreed to be paid and the names of the persons or parties to whom the same are payable, and upon the approval thereof by such court the said damages shall be payable by said commissioners out of the moneys specially raised for such purposes in the manner hereinafter provided. Sec. 4, Act of June 26, 189S, P. L. 336. 1399. IF DAMAGES CANNOT BE AGREED ON, COMMON PLEAS TO APPOINT VIEWERS AND FIX TIME FOR VIEW. NOTICE BY VIEWERS. In case the said commissioners, or a majority of them, and the parties interested in the land upon which such public improvement shall or is to be made and constructed, as aforesaid, fail to agree upon the compensation to be made for the property so taken, injured or destroyed by reason of such improve- ment, then, upon petition of such commissioners, or a majority of them, or any person or parties interested in said proposed improve- ment and whose property or land is affected thereby, to a court of common pleas of said county, the said court of common pleas shall appoint three disinterested freeholders, residents of the county afore- said, as viewers, anil appoint a time not less than twenty nor more than thirty days thereafter, when said viewers shall meet upon the Ime of the proposed improvement and view the same and the prop- erties affected thereby. The said viewers shall give at least ten days' notice by publication in the newspapers aforesaid, of the time and place of their first meeting, and shall also give notice thereof by hand- bills posted in conspicuous places along the line or in the vicinity of the said proposed improvement. Sec. 5, Act of June 26, 1895, P. L. 336. 1400. PROCEEDINGS BY AND BEFORE VIEWERS. LAND MAY BE TAKEN FOR SLOPES, FILLS, EMBANKMENTS AND CULVERTS. The said viewers having been sworn or af- firmed faithfully, justly and impartially to decide and true report make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire under the pro- visions of this act, and having viewed the properties connected with and affected by the said proposed improvement shall hear all parties interested and their witnesses, and having due regard to the ad- vantages and disadvantages, shall estimate and determine the dam- ages, if any, for the property taken, used or appropriated, and to whom the same are payable ; they shall give at least ten days' notice thereof, in the manner herein provided, to all parties interested, of the time and place when said viewers will meet and exhibit their report and hear any exceptions thereto ; after making whatever changes are deemed necessary and proper, said viewers shall make report to the said court showing the damages, if any allowed, and file therewith a plan showing the properties acquired, taken used and appropriated for the purposes aforesaid, and the names of the persons or parties to whom such damages arc payable. The said viewers shall have the right to adjourn from day to day as may be found necessary, and to administer oaths to all parties and witnesses appearing before them and desiring to be heard upon all matters connected with the con- struction, maintenance, repair, alteration, change or extension of the improvements aforesaid. In making any such improvements it shall be lawful to enter upon, take and use whatever land may be neces- sary for the proper slopes, fills, embankments and culverts, the dam- ages therefor, if any, shall be taken into consideration and determined and reported by the said board of viewers in the manner herein pro- vided. Sec. 6 Act •{ Jun* 36, 189S, P. L. 336. 1^1. PROCEDURE WHERE PROPERTY IS LEFT WITH- OUT OUTLET BY REASON OP VACATION OF PART OF OLD ROAD. Whenever, hf r«a*on of the opening, widening, straightening or extending of any »uch road or highway, or any part thereof, any part of the road or highway so opened, extended, straightened or widened, any road or highway or part thereof shall hereby become useless and vacated, and the property of one owner shall intervene between the new road or highway and the lands of an- other having no other outlet, it shall be the duty of the said county commissioners to obtain from the owner of said intervening property and the owner of the said contiguous or adjoining land, an agreement for the transfer thereof from one to the other upon terms satisfactory to such parties, and said county commissioners if the parties shall not agree to the transfer of the properties so intervening upon the said new road, as aforesaid, and any such lot or piece of land in the opin- ion of the said county commissioners be insufficient for building pur- poses, it shall be taken and used as part of said road or highway. Sec. 7, Act of June 26, 1895, P. L. 336. 1402. PROCEDURE WHEN BUILDING IS ON LINE OF PROPOSED ROAD. Whenever in locating, re-locating, opening, widening, straightening or extending any road or highway or parts thereof, under the provisions of this act, the same shall be found to pass through, take or injure buildings, barns or other valuable im- 591 provements thereon, the said viewers or a majority of them shall have the right to recommend that such buildings and improvements, situate in part or in whole on the road or highway so to be improved, opened, widened; straightened, or extended shall be permitted to re- main thereon for such time as shall be deemed wise and proper, and if the court shall approve the finding and report of said viewers, or a majority of them, the owner or owners of such building or improve- ments may continue to use and enjoy the same during the time by such viewers and the court fixed and determined. But in case of the destruction, vacation or abandonment of any such building within the time they arc lo authorized to remain, such owners or owner shall not have the right to re-erect and reconstruct or retake such build- ings or improvements within the line of such county, rqad or high- way. Sec. IS, Act of June 26, 1895, P. L. 336. 1403. DAMAGES AND COST OF REPAIR AND MAINTE- NANCE TO BE PAID FROM FUNDS RAISED BY TAXATION. All damages found, awarded or sustained for or on account of the improvement of any public road under the provisions of this act, and all cost and expense thereafter incurred in repairing and maintaining such improved road shall be paid from funds raised by taxation as hereinafter provided and authorized. Sec. I, Act of Jun» 26, 1895, P. L. 336. 1404. TIME FOR APPOINTMENT OF VIEWERS. COST OF VIEWERS, COURT COSTS, ETC., TO BE PAID BY COUNTY. COMPENSATION OF VIEWERS. The viewers pro- vided for in the foregoing sections may be appointed before or at any time after the entiy, taking, appropriation or injury of any private property used and acquired in said improvements. The costs of the said viewers and all court costs incurred, including all advertising and notices shall be paid by the said county, and each of said viewers shall be entitled as compensation to a sum not exceeding five dollars per day for every day necessarily employed in performing the duties herein prescribed. Sec. 9, Act of June 26, 1895, P. L. 336. For present provisions as to compensation of viewers see Sec. 173 above. 1405. PROCEEDINGS SUBSEQUENT TO REPORT OF VIEWERS. QUORUM OF VIEWERS. Upon the report of said viewers, or a majority of them, being filed in said court, any party in interest may within thirty days thereafter file exceptions to the same, and the court shall hav« power to confirm said report or to modify. 592 change or otherwise correct and amend the same or refer the same back to the same or new viewers with like power as to their report, or within thirty days after the filing of any report in court, the county commissioners on behalf of the county or any party whose property is taken, injured or destroyed may appeal therefrom and demand a trial by jury, and any party so interested may, within thirty days after final decree and confirmation of said report by said court, have an appeal to the Supreme Court. That said court of common pleas shall have power to order and direct what notices shall be given in con- nection with any part of said proceedings and make such orders as it may deem requisite in the premises. For the purposes of this act it shall be lawful for a majority of the said board of viewers to hear, de- termine, pass upon and report all matters in this act relating to said viewers, but all said viewers shall act unless prevented by sickness or other unavoidable cause. Sec. 10. Act of June 26, 1895, P. L. 336. 1406. ADVERTISING FOR AND AWARDING CONTRACT FOR MAKING AND CONSTRUCTING ROAD. BOND FOR FAITHFUL PERFORMANCE. SURETIES ON BOND. After said surveys and plans and the aforesaid application to the court of quarter sessions shall have been approved by the court, and the said public road or highway as decreed by said court of common pleas ordered to be made and constructed in accordance therewith, the commissioners, or a majority of them, of the respective counties wherein said improvement is made or to be made and constructed shall invite proposals for the making and constructing of the same, by publication in at least two newspapers of general circulation pub- lished in said county, or if no newspaper be published in said county, then in a newspaper or newspapers published in the county adjoining, once a week for four consecutive weeks, fixing a time therein when such proposals will be opened and the contracts therefor awarded; in addition to the notices so ordered to be given by publication, there shall be posted in the office of the said commissioners of the respec- tive counties, like notice as those now given inviting proposals for the construction and repair of public roads and bridges ; the contract as aforesaid shall be awarded by the said commissioners, or a ma- jority of them, to the lowest responsible bidder. No contract shall be awarded for any of said public work until proper bonds shall be given for the faithful performance thereof by the person or persons to whom the same shall be awarded, with proper security to be ap- proved by said commissioners, or a majority of them. Any incor- porated company doing business within any of said counties, au- 593 thorized by law to become security for persons or corporations may be taken and accepted as surety upon the bonds herein required to be given. Sec. 11, Act of June 26, 1895, P. L. 336. 1407. PLANS And estimates for repair and main- tenance. PROPOSALS AND CONTRACTS FOR SAME. Said commissioners shall have prepared plans and estimates as often as required for the repair and maintenance of all public roads or high- ways which may hereafter be improved under the provisions of this act, and become county roads in their respective counties ; they shall invite proposals for repairing and maintaining such roads or parts thereof, in accordance with such plans and estimates, and award the contract therefor in like manner as contracts for the new improve- ments aforesaid. Sec. 12, Act of June 26, 1895, P. L. 336. This and the following sections seem to no longer hsive .any force or effect. Sec. 1 of this act, as amended by the Act of May 13, 1909, P. L. 527 (Sec. 1395 above), places the duty of maintenance and repair on the boroughs and townships through which the road passes or into which it extends. These sections would therefore apply only to roads constructed or improved under the original act prior to the amendment of Sec. 1 by the Act of 1909. At present, however. Sees. 13 and 14 of the Act of May U, 1911, P. L. 244 (Sees. 1375 and 1376 above), are broad enough to take care of these roads 1408. EMPLOYMENT OF PERSONS TO PREPARE SUR- VEYS, PLANS AND ESTIMATES AUTHORIZED. COMPEN- SATION. For the purpose of performing all necessary duties re- lating to the improvement and repairs of public roads herein au- thorized, the said county commissioners, or a majority of them, of the several counties of this Commonwealth are hereby authorized to employ or appoint proper persons to prepare said surveys, plans and estimates and do all necessary and proper work connected therewith, and shall fix the compensation of all persons so employed. Sec. 13, Act of June 26, 1895, P. L. 336. Probably no longer in force. See note to preceding section. 1409. ANNUAL TAX TO SECURE FUND TO PAY DAM- AGES AND COSTS OF LAYING OUT, CONSTRUCTING AND MAINTAINING ROADS. AND IN TAKING PROPERTY FOR SLOPES, EMBANKMENTS, ETC. PAYMENTS OUT OF FUND. The said commissioners, or a majority of them, of the sev- eral counties of this Commonwealth are hereby authorized to levy, assess and collect an annual tax of not more than two mills upon the dollar, upon all real and personal property within said county, now or 38 594 hereafter taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and ex- penses required in locating, opening, widening, straightening, extend- ing, maintaining, repairing or vacating of the roads and highways or parts thereof improved under the provisions of this act, and for the taking, using and enjoying of such land as may be made necessary in constructing and maintaining proper slopes, embankments, fills and culverts, and the moneys so raised shall not be used or expended for any other purpose than that named in this section. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the said commissioners, or a majority of them, in the manner now provided by law in the several counties upon estimates which shall be made from time to time by the person charged with such duty, and the amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized. Sec. 14, Act of June 26, 189S, P. L. 336. It would ceem that this section so far as it provides a fund for main- taining and repairing applies only to roads constructed under this act, frier te tht am«ndm*nt ef 1909 S«« net* to Sec. 1407 above. 1410. BORROWING MONEY AND ISSUING BONDS AU- THORIZED. RESTRICTIONS AND LIMITATIONS. Any county in this Commonwealth may, for the cost of building, improv- ing and repairing of any part of the roads in said county, now con- structed or hereafter to be constructed, under the provisions of an act, entitled "An act providing for the permanent improvement of cer- tain public roads or highways in the several counties of this Com- monwealth; making such improved roads and highways county loads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may become unnecessary ; authorizing the taking of prop- erty for such improvement, and providing for the compensation there- of, and the damages resulting from such taking; providing for the payment of the costs and expenses incurred in making such im- provements, and in thereafter repairing and maintaining said roads, and authorizing the levy of a tax to provide a fund for said purposes," approved June twenty-sixth, Anno Domini one thousand eight hun- dred and ninety-five, and the said county commissioners are hereby authorized, and it shall be lawful, to borrow money, and secure any indebtedness created by them for the purpose of building, improv- ing and repairing the public roads and highways, now constructed or to be constructed hereafter, as aforesaid, by issuing bonds, not to exceed in the aggregate one (1) per centum of the total of the as- 595 sessed value of all property for taxable purposes in said county, at the last preceding triennial valuation ; but no such bond or indebtedness shall bear interest at a rate exceeding four per centum per annum. Sec. 1, Act of July 10, 1901, P L. 631. It would seem that this act in so far as it authorizes the borrowing of money for the repair of roads applies only to roads constructed under the Act of 1895, prior to the amendment of 1909. See Sec. 1372 and note to Sec. 1407 above. 1411. LIMITATION OF AMOUNT OF BOND ISSUE. AP- PROVAL BY GRAND JURY AND QUARTER SESSIONS. The said county commissioners shall not issue bonds in any one year, to an amount exceeding one-half of one per centum of the total valuation of all property for taxable purposes in said county, as shown by the last triennial assessment in any county issuing bonds under the pro- visions of this act : Provided, That the amount of bonds issued in any one year in excess of one-tenth of one per centum of the total valuation of all property for taxable purposes in said county, as shown by the last triennial assessment, in any county issuing bonds under the provisions of this act, shall be approved by the grand jury 'and the court of quarter sessions. Sec. 1, Act of A»ril 17, 19«S, P. L. 196. amending Sec. 2, Act of July 10, 1901. P. L, Ml. 1412. VACATION UPON PETITION OP COUNTY COM- MISSIONERS TO QUARTER SESSIONS. Upon the petition of the county commissioners of any county, the court of quarter ses- .sions of the county, with the approval thereof by the grand jury, may vacate as a county road any portion, or portions of any road the permanent improvement whereof has been ordered, and made in whole or in part, under the provisions of an act of Assembly approved June twenty-sixth, one thousand eight hundred and ninety-five, and entitled "An act providing for the permanent improvement of cer- tain pubHc roads or highways in the several counties of this Com- monwealth, making said improved roads and highways county roads, authorizing the relocation, opening, widening, straightening, extend- ing and alteration of the same, and the vacation of so much of any road as may thereby become unnecessary ; authorizing the taking of property for such improvement, and providing for the compensation therefor and damages resulting from such taking; providing for the payment of the costs and expenses incurred in making such improve- ments, and thereafter repairing and maintaining said road, and au- thorizing the levy of a tax to provide a fund for said purposes." Sec. 1, Act of Mmy 1, 1901, P. L. 110. It would seem that this section now applies only to roads improved under the Act of 1895, prior to the amendment of Sec. 1, of the act, by tht Act of 1905. See note to Sec. 1407 above. / 596 1413. TO BE COUNTY HIGHWAYS AND BE MAIN- TAINED AND REPAIRED BY COUNTY. CONTROL OF TOWNSHIP AUTHORITIES, ETC., TO CEASE. All such roads and highways, and all parts thereof, improved in accordance with the provisions of this act shall be deemed, taken and treated as and be- come public highways of the said county, and shall be subject to the control and supervision of the proper county commissioners; and it shall be the duty of said several counties to keep, maintain and re- pair the same whenever and as often as it shall be found necessary, and all road supervisors, authorities, persons or townships heretofore required to maintain and keep in repair such roads or parts thereof, shall thereupon and thereafter cease to have any management of or control over said roads, or any part thereof, and such supervisors, authorities and townships are hereby relieved from all duty and re- sponsibility in and about the care, maintenance and repair of all roads improved under this act and becoming county roads ; and all other public roads shall continue under the control of the prpper local au- thorities and shall be opened, repaired and maintained under the laws now in force in the respective townships of the several counties of this Commonwealth. Sec. 16, Act of June 26, 1895, P. L. 336. This section seems to be of no further effect except as to roads constructed under this act prior to the amendment of 1909. See note to Sec. 1407 above. (b) Damages to Property. 1414. RIGHT OF DAMAGES AGAINST COUNTY FOR TAKING PROPERTY AND MATERIALS IN CERTAIN CASES. The right to damages against [cities,] counties, [bor- oughs, or townships,] within this Commonwealth, is hereby given to all owners or tenants of lands, property, or material abutting on, or through which pass, roads, streets, lanes, or alleys, injured by the laying out, openiiig, widening, vacating, extending or grading of said roads, streets, lanes or alleys, or the changing of grades or lines thereof, by said [cities,] counties, [boroughs or townships] ; the con- struction and the vacating by said [cities,] counties, [boroughs or townships] of bridges and the piers, abutments, approaches, em- bankments, slopes, or causeways, therefor, or leadirig thereto; and the construction of sewers by said [cities,] counties, [boroughs, or townships] in, over, upon, along, or through said lands, property, or material. Sec. 1, Act of May 28, 1913, P. L. 368. It is not likely that this act has any application to county sewers, as the only act on this subject is the Act of June 5, 1915, P. L. 852 (Sees. 597 IS 14 to 1534 below), which itself provides for payment of damages for taking property. Repealed as to boroughs by the Act of May 14, 1915, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 993. 1415. DUTIES OF JURIES OF VIEW. All juries of view ap- pointed, or which shall hereafter be appointed, under existing laws, for assessing damages or benefits for taking, using, occupying or in- juring lands, property, or material, are hereby directed, and it shall be their duty, to assess the damages provided for in section one of this act, if any, against said [cities,] counties, [boroughs, or townships,] as the case may be, and the benefits, if any, in connection therewith, and make report thereof as under existing laws. Sec. 2, Act of May 28, 1913, P. L. 368. 1416. RIGHT OF APPEAL FROM REPORT OF VIEWERS. The right of appeal to the proper court of common pleas from said report, and the right of trial by jury in said court of common pleas, and the right to file exceptions to said report, are hereby given to any party or parties not satisfied with said report, in accordance with pro- ceedings under existing laws. Sec. 3, Act of May 28, 1913, P. L. 368. 1417. APPEALS TO SUPREME AND SUPERIOR COURTS. After disposal of exceptions, or vefdict and final judgjment, any in- terested party or parties may have an appeal to the Superior Court or iiupreme Court, as in any other cases. Sec. 4, Act of May 28, 1913, P. L. 368. 1418. APPLICATION OF ACT. The provisions of this act shall apply to all existing and future proceedings. Sec. 5, Act of May 28, 1913, P. L. 368. 1419. DAMAGES MAY BE AWARDED ON VACATION OF ROAD WHERE NO PROPERTY IS TAKEN IN CERTAIN CASES. Whenever viewers are appointed to vacate any public road, street, or highway in this Commbnwealth, and the vacation of the same takes no land from the owner or owners of land abutting thereon, if, in the opinion of the viewers so appointed the vacation of said road, street, or highway damages the property of the abutting owner, they may award damages to such owner or owners as though Jiand had been actually taken, and' such damages shall be paid as is now provided by existing laws where land is actually taken for the opening, vacating, and laying out of roads, streets, and highways. Sec. 1, Act of June 27, 1913, P. L. 633, No. 370. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312. 598 1420. APPEAL BY COUNTY COMMISSIONERS OR OWN- ER OR TENANT OF PROPERTY FROM DECREE OF QUAR- TER SESSIONS CONFIRMING REPORT OF VIEWERS ON DAMAGES IN CERTAIN CASES. In all cases where a jury of view, review or re-review, appointed by any court of quarter ses- sions in this commonwealth, has or shall hereafter assess damages for the laying out, widening, grading, opening or changing the lines of grades of any public street, road or alley in this commonwealth, the county commissioners of the proper county, [or the city or other municipal corporations] required to pay the damages, or any owner or tenant, of property through which said public street, road or alley, has been or shall be laid out, widened, graded, opened or changed, or which is affected by the change of grades, shall have the tight to appeal to the court of common pleas of the proper county from the decree of the court of quarter, sessions confirming the award of such jury, for the determination of the question of damages by a jury, according to the course of the common law : Provided, The appeal be taken within thirty days after the final confirmation of the report of said jury: [Provided, That notice be given to the commissioners cf the proper county or their clerk, of the time and place of holding ?uch view.] Sec. 1, Act of April IS, 1891, P. L. 17, No. 10. See also Sec. 1422 below. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312. The second proviso of this section was declared to be unconstitu- tional in re Otto Township Road, 181 Pa. 390. 1421. HOW APPEAL SHALL BE TAKEN. Any appeal taken pursuant to this act shall be signed by the party or parties taking the same, or by his or their agent or attorney, and shall be accompanied by an affidavit of the party appellant, or his or their agent or attorney, that the same is not taken for the purpose of delay, but because the affiant firmly believes that injustice has been done. Sec. 2, Act of April IS, 1891, P. L. 17, No. 10. 1422. APPEAL BY PARTY AGGRIEVED FROM DECREE OF QUARTER SESSIONS CONFIRMING REPORT OF VIEW- ERS ON DAMAGES FOR OPENING, WIDENING OR CHANGE OF GRADE OF ROAD, ETC. Whenever any report af viewers, appointed by any court of quarter sessions to assess dam- ages for the opening, widening or change of grade of any street, road or highway, shall be confirmed by the court of quarter sessions to which the said report is made, an appeal may be taken from the said court of quarter sessions by any party aggrieved by the said dc- 599 cree of confirmation, to the court of common pleas in said county for a trial of the question of damages, by jury, according to the course of common law, within thirty days from the entry of said decree of confirmation by the court of quarter sessions, and not afterwards. Sec. 1, Act of May 26, 1891, P. L. 116, No. 102. See also Sec. 1420 above. Repealed as far as relates to boroughs by the Act of May 14, 191S, P L. 312. 1423. HOW APPEAL SHALL BE TAKEN. Any appeal taken in pursuance of this act, shall be signed by the party or parties tak- ing the same, or by his or their agent or attorney, and shall be ac- companied by an affidavit of the party appellant, or of its, his or their agent or attorney, that the same is not taken for the purpose of delay, but because the affiant firmly believes that injustice has been done. Sec. 2, Act of May 26, 1891, P. L. 116, Ne. 102. 1424. RIGHT TO HAVE DAMAGES ASSESSED ON THE OPENING OF TOWNSHIP ROADS. The owner of any land, through which a public road shall be opened as aforesaid, may within one year from the opening of the same, apply by petition, to the court cf Quarter Sessions of the proper county, setting forth the injury which he or she may have sustained thereby, and thereupon the said court shall appoint six disinterested persons to yiew the premises and assess the damages, if any, which such petitioner may have sus- tained. I ■' : .'• Sec. 7, Act of June 13, 1836, P. L. 551. 1425. VIEWERS TO CONSIDER ADVANTAGES. Provided, That in assessing the damages as aforesaid, the viewers shall take into consideration th,e advantages derived from such road passing through the land of the complainant. Sec. 9, Act of June 13, 1836, P. L. 551. 1426. REPORT OF VIEWERS. DAMAGES TO BE PAID BY COUNTY. The viewers so appointed, shall make report in writing to the next court of Quarter Sessins, and if their report be approved by the court, the amount of damages awarded shall be paid by the county treasurer out of the county stock to the party entitled thereto. Sec. 8, Act of June 13, 1836, P. L. 551. 1427. EXPENSES TO ASSESS DAMAGES TO BE PAID BY COUNTY. The expense of a view to assess the damages sustained by the owner of land taken as aforesaid, for a public road, shall be 600 paid by the respective county, [and the expense of such view in the case of a private road, shall be paid by the person or persons at whose instance the same was allowed.] Sec. 55, Act of June 13, 1836, P. L. 551. (c) Turnpikes. 1. Purchase on Petition to County Commissioners. 1428. PETITION OF TAXPAYERS. PURCHASE BY COUNTY. TO BECOME PUBLIC ROAD. MAINTENANCE AND REPAIR. MAY BECOME TOWNSHIP ROAD IN CER- TAIN CASES. ACT NOT TO APPLY TO TURNPIKES FORM- ING A PART OF STATE HIGHWAY SYSTEM. From and after the passage of this act, it shall be lawful for twenty-five or more resident taxpayers of any county in this Commonwealth in which any turnpike, road, or highway, heretofore or hereafter constructed, is wholly or partly located, and upon which tolls are charged the travel- ing public under any general or special law, to present their petition to the county commissioners of their county, setting forth that it would be for the best interests of the people of their county that such turnpike, road, or highway, or part thereof, should be purchased by their county; and become a public road, free from tolls and toll- gates ; whereupon it shall be lawfiil for the county commissioners of the petitioners' county, upon behalf thereof, to enter into negotiations with the owners of said turnpike, road, or highway, or part thereof, for the purchase of the same, and, if the price therefor can be mutually agreed upon, it shall be paid by the said county commis- sioners out of any funds of their county not otherwise appropriated ; and upon payment thereof, the said turnpike, road, or highway, or part therfeof, shall become a public road, free from tolls and toll-gates : I'rovided, That if said county commissioners and the owners of said turnpike, road, or highway, or part thereof, can not agree upon the price to be paid for the same, nothing in this act contained shall pre- vent the petitioners or any other resident taxpayers of the county from proceeding to have such turnpike, road, or highway, or part thereof, condemned under existing laws, and made a public road, free from tolls and toll-gates, and the said road, as made or hereto- fore made free of tolls, either by negotiation or condemnation pro- ceedings as aforesaid, shall be properly repaired and maintained at the expense of the county, city, or borough, in which the said turn- pike, or part thereof, lies : Provided, That the portion of any turn- pike or toll-road, which lies within a township, shall, if accepted by the board of supervisors or commissioners of the township in which the same or any part of the same is located, when signified in writing 601 and filed in the office of the court of quarter sessions of the county in which said road is located, become a part of the road system of said township, and shall thereafter be maintained in the same manner as other roads legally laid out in said township : Provided further. That the provisions of this act shall n'ot apply to any turnpike, road, or highway, or part thereof, which now forms or may hereafter form a part of the State highway system of this Commonwealth. Sec. 1, Act of May 16, 1919, P. L. 199. 1429. BOND ISSUE AUTHORIZED. That it shall be lawful for the county commissioners of any county in this Commonwealth, not having sufficient funds not otherwise appropriated to pay for any turnpike, road, or highway, or part thereof, purchased under the pro- visions of this act, to issue bonds of the said county in accordance with the Constituion and existing laws of this Commonwealth for that purpose. Sec. 2, Act of May 16, 1919, P. L. 199. 2. Condemnation on Petition to Quarter Sessions. 1430. PETITION FOR AND APPOINTMENT OF VIEWERS TO CONDEMN ROAD AND ASSESS DAMAGES. NOTICE OF PETITION AND VIEW. Whenever twenty-five or more resi- dents taxpayers of any county, in this Commonwealth, shall petition the court of quar^ter sessions of their county representing that any turnpike, road or highway, heretofore or hereafter constructed, upon which tolls are charged the traveling public under any general or special law, is located wholly or in part in their county, and that it w^uld be for the best interests of the people of their county for such turnpike, road, or highway, or any part, thereof, to become a public road, free from tolls and toll-gates, it shall be the duty of such court of quarter sessions to appoint a jury of view, consisting of five repu- table citizens of the petitioners' county, to view and condemn such turnpike, road or highway, or part thereof, for public use, free from tolls and toll'gates, and to assess the damages to which the owner or owners, thereof may be entitled therefor: Provided however. That notice of the intended application for the appointment of such jury of view shall be published in two newspapers of general circula- tion in the petitioners' county, at least thirty days previous to the time of making the application, and that like notice in writing shall be served upon the county commissioners or proper municipal au- thorities, at least ten days before making such application: And further provided. That such petitioners shall serve or cause to be 662 served upon the county commissioners or proper municipal au- thorities a written notice of the time and place of the meeting of such jury of view, at least five days before such meeting shall be had. Sec. 1, Act of June 2, 1887, P. L. 306, No. 197. 1431. APPOINTMENT OF STENOGRAPHER AND MAS- TER. POWERS AND DUTIES OF MASTER. REVOCA- TION OF APPOINTMENT OF VIEWERS AND APPOINT- MENT OF OTHER PERSONS. The said court of quarter ses- sions may, in its discretion, appoint a competent stenographer to keep a faithful record of all proceedings before the viewers and to furnish a full copy of his notes to be attached to and form a part of the record; and, in addition to the five viewers provided for in the first section of this act, shall appoint a reputable person, learned in the law, who shall preside at all meetings of the viewers, to be known &■ a master and have the power to determine the admissibility of •vidence, to iiiu« writs of subpoena to compel the attendance of wit- a«MM and ths production of papers, and instruct the viewers upon tnatttrs of law, to which exceptions may be taken for the purpose of review, but shall not have a vote on any question of fact or value. Before entering upon the discharge of his duties of master, he shall be sworn or affirmed, by the judge appointing him or by the clerk •f the court of quarter sessions, to discharge his duties faithfully, im- partially and according to the best of his learning and ability; after being duly sworn or affirmed, he shall, at the first meeting of the viewers, swear or affirm the stenographer to the faithful discharge of his duties, and thereupon shall, separately, swear^ or affirm such viewer on his voir dire touching the competency to serve, his im- partiality and disinterestedness, and a record thereof shall be made, ' and, upon objection then made by any person in interest, the court fchall have the power, in its discretion, on cause shown, to revoke the appointment of any one or all of the viewers, and appoint others in lieu thereof ; when the five viewers are found to be disinterested and qualified to serve, the master shall administer an oath or affirmation to each viewer to perform his duties with fidelity, impartiality and ac- cording to his best judgment. Sec. 2, Act of June 2, 1887, P. L. 306, No. 197. 1432. ORGANIZATION OF MASTER AND VIEWERS. QUORUM OF VIEWERS. TAKING OF TESTIMONY. The members of such jury of view and the master, having been duly sworn or affirmed as provided for in the preceding section of this act, shall organize, three members thereof, not including the master, shall con- stitute a quorum, with power to meet and perform the duties of such (SOS jury of view, and it shall be the duty of such jury of view to hear at least six witnesses at the request of the petitioners for or of those opposed to making any turnpike, road or highway free from tolls and toll-gates, and a like number of witnesses on behalf of the company owning or operating such turnpike, road or highway : Provided how- ever, That such jury of view may report in favor of petitioners, if such jury of view decree it for the best interests of the people of their county, without hearing any witnesses, if no request is made by any party to have witnesses examined. Sec. 3, Act of June 2, 1887, P. L. 306, No. 197. 1433. COMPENSATION OF VIEWERS, MASTER AND STENOGRAPHER. PAYMENT. Each juryman, serving on any such jury of view, shall be allowed the sum of two dollars and fifty cents for each day necessarily employed thereon, and the master's compensation shall be fixed by thecourt, and warrants shall be drawn by the county commissioners of the proper county on the treasurer of their county for the payment of the amounts to which such juryman and master shall be entitled under this act, as well as the stsnog- rapher, whom the court shall appoint. S«c. 4, Act of June 3, 1887, P. L. 306, No. 197. For the present yrovisiong covering the compensation of viewers, see Sec. 173 above. ' 1434. REPORT OF VIEWERS. CONTENTS THEREOF. Such jury of view shall within thirty days after the appointment thereof, unless, in the discretion of the court, the time be extended, I'eport to the court appointing the same, as follows : — First. The name of the members of the jury and master who at- tended each meeting thereof ; Second. The number, names, residences and ages of the witnessse examined before a jury; > Third. Whether or not the entire turnpike, road or highway is located in the petitioners' county, and if not, what proportion is so located, and whether or not it is for the best interests of the people of the petitioners' county for the turnpike road or highway, or a part thereof, to be made free from tolls and toll-gates, and whether or not the same is condemned, by such jury of view, for public use, free from tolls and toll-gates, and if the whole said turnpike, road or highway lying in the petitioners' county is not condemned, but,, only .a part thereof, then such part shall be clearly designated and described ; and to which report shall be attached a map or draft of said turnpike road showing definitely the point between which the same is condemned for public use for the turnpike, road or highway, or part thereof, if the same shall be condemned for public use as aforesaid. Sec. 5, Act of June 2, 1887, P. L. 306, No. 197. 6D4 1435. EXCEPTIONS TO REPORT OF VIEWERS. PRO- CEEDINGS ON SAME AND WHEN NO EXCEPTIONS ARE TAKEN. CERTIORARI TO SUPREME COURT. Exceptions may be filed by any party aggrieved to the report of such jury of view, within thirty days from the time such report is filed, wjhich ex- ceptions shall be heard by the court in which such report is filed, and such court, after considering such exceptions, may refer the report back to the jury of view with instructions to take any further pro- ceedings or testimony as the court may deem necessary and proper, or may set the same aside, or may confirm such report ; and if no ex- ceptions are filed to any such report, unless appeal is taken as pro- vided for in section eight of this act, (and in such case the final con- firmation of the proceedings shall await the result of the appal from the assessment within thirty days from the time of filing thereof,) then such report may be confirmed or dismissed by the court. Any party aggrieved by the action of the court may remove the proceed- ings to the Supreme Court by writ of certiorari, within twenty days after final confirmation or disapproval. Sec. 6, Act of June 2, 1887, P. L. 306, No. 197. 1436. ON CONFIRMATION OF REPORT CONDEMNING ROAD, COLLECTION OF TOLLS TO CEASE. PAYMENT OF DAMAGES ASSESSED. Immediately after any court of quar- ter sessions shall confirm any report of such jury of view, condemn- ing any turnpike, road or highway, or part thereof, for public use, free from tolls and toll-gates, the collection of tolls of every kind on such turnpike, road or highway, or part thereof, shall hereafter cease, and, thereupon, all toll-gates upon the part so condemned shall be forthwith removed therefrom; and, thereupon, it shall be the duty of the county commissioners of the proper county to draw a warrant or warrants on the treasurer of their county for the payment of any damages which shall be assessed, as aforesaid, against their county for any turnpike, road or highway so condemned in their county, - which warrant or warrants shall be made payable to the party or parties legally entitled to such damages. Sec. 7, Act of June 2, 1887, P. L. 306, No. 197. 1437. APPEALS TO COMMON PLEAS AND JURY. PRO- CEEDINGS THEREON. APPEAL TO SUPREME COURT. An appeal to the court of common pleas of the proper county, from the assessment of damages, may be taken by the corporation owning or taking tolls on said turnpike, road or highway road, or by the county commissioners, or by the proper municipal authorities, or by twenty- five citizens of the petitioners county, within thirty days after the approval of the report, and, thereupon, the court shall direct an issue, 605 which shall be tried by a jury, according- to the course of th^l com- mon law as regulated by existing statutes, and judgment entered on the verdict, and the record thereof shall be remitted to the proper court of quarter sessions for further action upon the whole case: Provided however, That the said judgment shall be reviewable by the Supreme Court upon writ of error as in other cases. Sec. 8, Act of June 2, 1887, P. L. 306, No. 197. 1438. AFFIDAVIT ON APPEAL. PAYMENT OF COSTS. Such appeal shall be accompanied by an affidavit made by an officer of said corporation, or by one of the county commissioners, or muni- cipal officers, or by one of the twenty-five citizens, that the appeal is Hot taken for the purpose of delay, but because the affiant fifmly believes that injustice has been done, and, after verdict, such order shall be made in relation to the costs as to the court shall appear just. Sec. 9, Act of June 2, 1887, P. L. 306, No. 197. 1439. WHEN PART OR ROAD ONLY IS TAKEN, RIGHT OF COMPANY IN REMAINDER SAVED. WHAT PART OF ROAD MAY BE TAKEN. If only a part of any such turnpike, road or highway shall be condemned, nothing herein contained shall be taken to abridge the right of the company owning or operating such turnpike, to, maintain toll gates and collect tolls upon the re- maining parts of their road not condemned as aforesaid : , Provided, That it shall not be lawful so to condemn any portion of such turn- pike, road or highway unless such portion extend to one of the terminal points of such turnpike, road or highway, or is a pdrtion lying within the limits of any borough incorporated under any gen- eral or special law, and unless such portion be a continuous portion. Sec. 1, Act of Juiie 11, 1891, P. L. 295, No. 223, amending Sec. 10, Act of June 2, 1887, P. L. 306. (NOTE: Sec. 11 of the Act of June 2, 1887, P. L. 306, is supplied by the Act of April 20, 1905, P. L. 237, as amended. Sec. 1451 below, and is therefore not included here.) 1440. WHEN REPORT OF VIEWERS IS AGAINST CON- DEMNATION. SAME PROCEEDINGS MAY BE HAD AGAIN AFTER FIVE YEARS. Whenever a jury of viewers, heretofore or hereafter appointed by the court of quarter sessions of the proper county, under the provisions of an act of Assembly of this Common- wealth, entitled "An act authorizing the condemnation of turnpikes, reads, or highways, heretofore or hereafter constructed, wholly or in part, in any county of this Commonwealth, for public use, free from tolls or toll-gates, and the assessment upon the proper county of the damages to which the owner or owners thereof may be entitled, by a DUD jury of viewers duly appointed by the court of quarter sessions of the proper county, and providing for the maintenance of any such con- demned turnpike, road, or highway by the proper city, township, or district," approved the second day of June, Anno Domini one thou- sand eight hundred and eighty-seven, has reported against the con- demnation of such turnpike, road, or highway, and such report has been finally confirmed by the said court, it shall be the duty of the said court, at any time after the lapse of five years from the date of the final confirmation of any such last preceding adverse report upon petition of twenty-five or more resident taxpayers of said county, to appoint a second or subsequent jury of viewers, including a master and stenographer, as provided in said act, whereupon the same pro- ceedings shall be had for the condemnation of said turnpike, road, or highway, and the assessment of damages therefor, and all sub-pro- ceedings therein, as is provided in said act to which this is a supple- ment. Sec. 1, Act of May 7, 1907, P. L. 172. 3. Condemnation by two Adjoining Counties where Road is wholly or partly on Boundary Line. 1441. PETITION FOR AND APPOINTMENT OF VIEWERS TO CONDEMN ROAD AND ASSESS AND APPORTION DAMAGES. NOTICE OF PETITION AND VIEW. Whenever thirty or more resident taxpayers of any two adjoining counties, in this Commonwealth, shall petition the courts of quarter sessions of said count^es representing that any turnpike, road or highway, here- tofore or hereafter constructed, upon which tolls are charged the traveling public' under any general or special law, in whole or in part is located upon the line dividing any two counties of the said Commonwealth, as aforesaid, and that it would be for the best in- terests of the people of said counties for such turnpike, road or high- way, or any part thereof, including any of the portion thereof lying upon the line dividing said counties, to become a public road, free from tolls and toll-gates, it shall be the duty each of such courts of quarter sessions to appoint three reputable citizens of their respective counties, the six so appointed to constitute a jury of view, to view and condemn such turnpike, road or highway, or part thereof, for public use, free from tolls and toll-gates, and to assess the damages to which the owner or owners thereof may be entitled therefor, and to deter- mine what portion of such damages shall be paid by each of said counties, respectively: Provided however. That notice of the in- tended application for the appointment of such jury of view shall be published in two newspapers of general circulation in each of said counties, at least thirty days previous to the time of making appli- 607 cation in the county where said petition be first filed, and that like notice in writing shall be served upon the county commissioners of said counties, or the proper municipal authorities, at least ten days before making such application. And provided further, That the said petition shall be filed in the other of said court of quarter sessions at its next regular term, or its then current term, if both courts be in session at the same time. And provided further. That the said petitionei-s shall serve or cause to be served upon the county com- missioners of both counties, or proper municipal authorities, written notice of the time and place of meeting of such jury of view, at least five days before such meeting shall be had. And provided further, That each of said courts of quarter sessions shall forthwith after the appointment of said viewers, certify said appointment to the other. Sec. 1, Act of April 28, 1899, P. L. 79. 1442. APPOINTMENT OF STENOGRAPHER AND MAS- TER. POWERS AND DUTIES OF MASTER. REVOCATION OF APPOINTMENT OF VIEWERS AND APPOINTMENT OF OTHER PERSONS. The court of quarter sessions in which the said application shall first be filed may, in its discretion, appoint a competent stenographer to keep a faithful record of all proceedings before the viewers, and to furnish a full copy of his notes to be at- tached to and form a part of the record in each court; and, in addi- tion to the viewers pi-ovided for in the first section of this act, shall appoint a reputable person, learned in the law, who shall preside at all the meetings of the viewers, tci be known as a master and have the power to determine the admissibility of evidence, to issue writs of subpoena to compel the attendance of witnesses and the production of papers, and instruct the viewers upon matters of law, to which ex- ceptions may be taken for the purpose of review, but shall not have a vote on any question of fact or value, which appointments shall forth- with be certified by said court of quarter sessions, making said ap- pointments, to the other court of quarter sessions in which the pro- ceeding is pending. Before entering up the discharge of his duties as master, he shall be sworn or affirmed, by the judge appointing him or by the clerk of the court of quarter sessions wherein said appoint- ment is made, to discharge his duties faithfully, impartially and ac- cording to the best of his learning and ability ; and, after being duly sworn and affirmed, he shall at the first meeting of the viewers, swear or affirm the stenographer to the faithful discharge of his duties, and thereupon shall, separately, swear or affirm each viewer on his voir dire touching the competency to serve, his impartiality and disin- terestedness, and a record thereof shall be made; and, upon objection then made by any person in interest, either of said courts shall have the power, in its discretion, on cause shown, to revoke the appoint- 608 ment of any one or all of the viewers appointed by it, and appoint others in lieu thereof; when the six viewers are found to be disin- terested and qualified to serve, the master shall administer an oath or affirmation to each viewer to perform his duties with fidelity, im- partiality and according to his best judgment. Sec. 2, Act of April 28, 1899, P. L. 79. 1443. ORGANIZATION OF MASTER AND VIEWERS. QUORUM OF VIEWERS. TAKING OF TESTIMONY. The members of such jury of view and the master, having been duly sworn or affirmed as provided for in the preceding section of this act, shall organize, four members thereof, not including the master, shall con- stitute a quorum, with power to meet and perform the duties of such jury of view, and it shall be the duty of such jury of view to hear, at least six witnesses at the request of the petitioners for or of those opposed to making any turnpike, road or highway free from tolls and toll-gates, and a like number of witnesses on behalf of the company owning or operating such turnpike, road or highway : Provided how- ever, That such jury of view may report in favor of petitioners, if such jury of view decree it for the best interests of the people of the said counties, without hearing any witnesses, if no request is made by any party to have witnesses examined. Sec. 3, Act of April 28, 1899, P. L. 79. 1444. COMPENSATION OF VIEWERS. MASTER AND STENOGRAPHER. PAYMENT. Each juryman, serving on any such jury of view, shall be allowed the sum of two dollars and fifty cents for each day necessarily employed thereon, and the master's compensation and that of the stenographer shall be fixed by the court appointing them, and warrants shall be drawn by the county com- missioners of each of said counties on the respective treasurer of their county for the payment in equal shares of the amounts to which such jurymen, master and stenographer shall be entiled under this act. Sec. 4, Act of April 28, 1899, P. L. 79. For the present provisions covering the compensation of viewers, see Sec. 173 above. 1445. REPORT OF VIEWERS. CONTENTS THEREOF. Such jury of view shall within thirty days after the appointment of the last three thereof, unless, in the discretion of the court, the time be extended in which the petition be first filed, which extension shall be certified to the clerk of said courts, report to each courts appoint- ing the same, as follows : First. The names of the members of the jury and the master who attended each meeting thereof ; 609 Second. The number, names, residence and ages of the witnesses examined before the jury; Third. Whether or not the entire turnpike, road or highway is located upon the line dividing the two counties, and if not, what por- tion of it is so located, and what portion is located entirely within each of the said counties, and whether or not it is for the best inter- ests of the people of the petitioners' counties for the turnpike, road or highway, or a part thereof, to be made free from tolls and toll-gates, and whether or not the same is condemned, by such' jury of view, for public use, free from tolls and toll-gates, and if the whole of said turnpike, road or highway lying in the petitioners' counties is not condemned, but only a part thereof, then such part shall be clearly designated and described, in which designation and description shall be set forth how much thereof is wholly within each of said counties, respectively, and how much and, what part thereof is located upon the line dividing said two counties, and to which report shall be attached a map or draft of said turnpike road, showing definitely the points be- tween which the same is condemned for public use, if the same be condemned for public use as aforesaid, and showing also what por- tion of said turnpike road, so condemned, lies in each of said counties and what portion lies upon said county line. Fourth. The amount of damages suffered by the person or per- sons owning and operating said road, occasioned by the condemna- tion and freeing thereof, and in cases where the whole, or the part so condemned and freed, does not lie upon the said county line, then to separately assess the damages suffered by the condemnation of the part lying upon the said county line, and the part or parts lying within each of the said counties. Sec. S, Act of April 28, 1899, P. L. 79. 1446. EXCEPTIONS TO REPORT OF VIEWERS. PRO- CEEDINGS ON SAME AND WHEN NO EXCEPTIONS ARE TAKEN. JOINT SESSION OF COURTS. CERTIORARI TO APPELLATE COURTS. Exceptions may be filed, by any party aggrieved, to the report of such jury of view, in either of said courts, within thirty days from the time such report is filed therein, which exceptions shall forthwith be certified into the other of said courts, and shall be heard by the said courts sitting together, who, after con- sidering such exceptions, may refer the report back to the jury of view with the instructions to take any further proceedings or testimony as the courts may deem necessary and proper, or may set the same aside, or may confirm such report; and if no exceptions be filed in either of said courts to any such report, unless appeal is taken as pro- vided for in section eight of this act (and in such case the final con- 39 610 firmation of the proceeding shall await the result of the appeal from the assessment within thirty days from the time of filing thereof), then such report may be confirmed or dismissed by said courts : Pro- vided however, If the said courts shall not agree to such confirmation or dismissal without a joint hearing, both the said, courts, sitting to- gether, shall hear, consider and determine the question of a con- firmation or dismissal of the report. Any party aggrieved by the action of the said courts, or either of them, may remove the pro- ceedings to the proper appellate court by writ of certiorari, within twenty days after final confirmation or disapproval. Sec. 6, Act of April 28, 1899, P. L. 79. 1447. ON .CONFIRMATION OF REPORT CONDEMNING ROAD, COLLECTION OF TOLLS TO CEASE. ASSESSMENT AND APPORTIONMENT OF DAMAGES. PAYMENTS. Im- mediately after the said courts of quarter sessions shall confirm the i-eport of any such jury of view, condemning any such turnpike, road or highway, or part thereof, for public use, free from tolls and toll- gates, the collection of tolls of every kind on any such turnpike, road or highway, or part thereof, shall thereafter cease, and thereupon, all toll-gates upon the part so condemned shall be forthwith removed therefrom; and, thereupon, it shall be the duty of the county com- missioners of the respective counties to draw a warrant or warrants on the treasurers of their respective counties for the payment of any damages which shall be assessed, as aforesaid, in the following pro- portions : For all damages assessed for that portion of the condemned turn- pike, road or highway, lying upon the line dividing the two counties, a warrant or warrants for one-half shall be drawn by the county com- missioners of each county; and for damages assessed for the con- demnation of that portion of the turnpike, road or highway, con- demned as aforesaid, and lying wholly within either of said counties, a warrant or warrants for one-half shall be drawn by the county com- of the county within which the same is located, which warrant or warrants shall be made payable to the party or parties legally en- titled to such damages. Sec. 7, Act of April 28, 1899, P. L. 79. 1448. APPEALS TO COMMON PLEAS AND JURY. PRO- CEEDINGS THEREON. TO WHAT COURTS APPEALS MAY BE HAD. REVIEW BY APPELLATE COURTS. An appeal to the court of common pleas, from the assessment of dam- ages, may be taken by the corporation owning or taking toll on said turnpike, road or highway, or by the county commissioners of either county by the proper municipal authorities, or by thirty citizens of 6tl said counties, within thirty days after the approval of said report, and, thereupon, the court shall direct an issue, which shall be tried by a jury, according to the course of the common law as regulated by existing statutes, and judgment entered on the verdict, and the record thereof shall be remitted to the proper court of quarter sessions for further action upon the whole case : Provided however. That the said judgment shall be reviewable by the proper appellate court, upon appeal, as in other cases. And provided further, however, That the appeal from the assessment of damages, for the condemnation of that part lying upon the line dividing said counties, may be taken to the court of common pleas of either county, and all appeals therefrom shall be tried in the court to which the first appeal is taken, unless removed therefrom by due process of law ; but that all appeals from the assessment of damages for the condemnation of any part lying wholly in either county, shall be taken to the court of common pleas of the county wherein the same lies. And provided further, however, That if any appeal be taken in either county, a certificate of the filing thereof shall be filed in the court of quarter sessions of the other county. Sec. 8, Act of April 28, 1899, P. L. 79. 1449. AFFIDAVIT ON APPEAL. PAYMENT OF COSTS. Such appeal shall be accompanied by an affidavit made by an of- ficer of said corporation, or by one of the county commissioners, or municipal officers, or by one of the thirty citizens, that the appeal is not taken for the purpose of delay, but because the affiant firmly be- lieves that injustice has been done, and, after verdict, such order shall be made in relation to the costs as to the court shall appear just. , Sec. 9, Act of April 28, 1899, P. L. 79. 1450. WHEN PART OF ROAD ONLY IS TAKEN, RIGHT OF COMPANY IN, REMAINDER SAVED. WHAT PART OF ROAD MAY BE TAKEN. If only a part of any such turnpike, road or highway shall be condemned, nothing herein contained shall be taken to abridge the right of the company, owning or operating such turnpike, to maintain toll-gates and collect tolls upon the remaining parts of their road not condemned as aforesaid : Provided, That it shall not be lawful so to condemn any portion of such turnpike, road or highway, unless such portion extend to one of the terminal points of such turnpike, road or highway, or is a portion lying within the limits of any borough incorporated under any general or specific law, and unless such portion be a continuous portion. Sec. 10, Act of April 28, 1899, P. L. 79. (NOTE: Sec. 11 of the Act of April 28, 1899, P. L. 79, is supplied by the Act of April 20, 190S, P. L. 237, as amended, following section, and is therefore not included here.) 612 4. Improvement, Maintenance and Repair. (See also Sees. 1375 and 1377 above.) 1451. CONDEMNED AND ABANDONED ROADS AND ROADS OWNED BY DISSOLVED TURNPIKE COMPANIES. When any turnpike, or part thereof, has been, or may hereafter be, appropriated or condemned for public use, free of tolls, under any existing laws, and the assessment of damages therefor shall have been paid by the proper county; or when any turnpike company or asso- ciation has heretofore abandoned or may hereafter abandon its turn- pike, or any part thereof ; or when any turnpike company or associa- tion, owning any turnpike, has heretofore been dissolved, or may hereafter be dissolved, by proceedings under any existing laws of this Commonwealth, such turnpike, or part thereof, shall be properly re- paired and maintained at the expense of the county, [city, or bor- ough] in which the said turnpike, or part thereof, lies, or the same may be improved under any existing laws, by the said county, [city, or borough.] Sec. 1, Act of April 25, 1907, P. L. 104, amending Sec. 1, Act of April 20, 1905, P. L. 237, No. 176. The above act was repealed by the Act of May 10, 1909, P. L. 499, No. m, in so far as inconsistent, but this repealing Act of 1909 was also repealed by the Act of March 15, 1911, P. L. 21, No. 20, thus re- viving the Acts of 1905 and 1907. Winters v. Koontz, 60 Sup. Ct. 134. 1452. ABANDONED ROAD RUNNING THROUGH UN- SEATED LANDS, BECOMING TOWNSHIP ROADS, TO BE COUNTY ROADS AND TO BE KEPT IN REPAIR BY COUNTY. Where any turnpike company abandons any turnpike, c r part thereof, running through unseated lands, and where any such abandonment is authorized by the proper authorities of any turnpike company, and official notice is given to the supervisors of the proper township that such turnpike company has abandoned all its right, interest and title to such turnpike, or part thereof, and where, by ac- ceptance or user, such abandoned turnpike or part thereof has become a township road, in every such case such road or part thereof shall, on the passage of this act, become a county road, and kept in proper condition and repair by the county ocmmissioners of the proper county. Sec. 1, Act of July 10, 1901, P. L. 650. 613 5. Turnpikes or Toll-Roads on Line of State Highway Rou1:es. 1453. COUNTIES AUTHORIZED TO CONTRIBUTE TO PURCHASE PRICE, ETC. RIGHT OF COUNTIES TO CON- DEMN UNDER FORMER ACTS SAVED. And provided further, That, in taking over toll-roads, counties, [townships, boroughs, or in- corporated towns] in which toll-roads to be taken over by the State Highway Commissioner arie located, are hereby authorized to con- tribute such part of the purchase price of said road, or such part of the amount to be paid as ascertained and awarded by condemnation proceedings, as may be agreed upon between said county, [town- bhip, borough or town] . officials and the State Highway Commis- sioner : And provided further. That nothing in this act shall in any way prohibit any county from paying in full the amount determined tc be paid for any turnpike- road, forming a portion of a State high- way route, condemned by proceedings under any other act of As- sembly now in force. Part of Sec. 1, Act of May 10, 1917, P. L. 184, amending Sec. 9. Act of May 31, 1911, P. L. 468, as amended. The remainder of this section provides for the acquiring by purchase or condemnation of turnpikes, toll-roads and toll-bridges on the route of State highways by the State Highway Department. As the county has no share in this procedure, it is considered unnecessary to include it here. (d) County Aid to Municipalities and Townships. (See also Sec. 147S below.) 1454. COUNTY AID IN IMPROVING, ETC., MUNICIPAL STREETS CONNECTING TWO ENDS OF COUNTY ROAD OR AT TERMINUS OF COUNTY ROAD. MAINTENANCE. When a municipality intervenes between two ends of a county high- way, and the municipality has failed to properly improve the muni- cipal streets or highways constituing the shortest and most reason- able route through said municipality, which will connect the two ends of such highway, it shall be lawful for the councils of such muni- cipality to authorize, by ordinance, that the proper corporate au- thorities of the municipality contract, in the manner herein provided, with the county commissioners, that the shortest and most reason- able route through said municipality connecting the two ends of such highway be improved. Or, when a county highway terminates at the corporate limits of a municipality in the same or in another county, and connects with a municipal street or alley which the municipality has failed to properly 014 improve, and the county commissioners of the county in which the municipality is located deem the improvement of such municipal street or alley necessary, in order- to make such county highv/ay easily accessible to the residents of the municipality or to the travel- ing public, it shall be lavi^ful for the councils of such municipality to authorize, by ordinance, that the proper corporate officials of the municipality^ contract with the county commissioners, in the manner herein provided, that such municipal street or alley, or any part thereof, be improved ; and also that there be improved, when neces- sary, any part or parts of the streets connected therewith which con- nect the said county highway with the business district pr districts of said municipality, or with a system of improved streets therein, or which connect the said highway with another county highway ter- minating at the limits of said municipality. If several municipalities are contiguous to each other, and at the corporate limits of any one of them a county highway terminates, and one or more of such muni- cipalities have failed to properly improve any municipal street or alley, therein, and the county commissioners deem the improvement pf such street or alley necessary, in order to make such highway easily accessible to the residents of the municipality or to the travel- ing public, it shall be lawful for the councils of such municipality or municipalities to authorize the proper corporate authorities to enter into a similar contract with the county commissioners. The county commissioners shall have the power to improve said streets or alleys as herein provided, and said powers herein given shall also include the right to widen, repave, or otherwise improve said municipal streets and alleys, whenever the same is necessary to accomplish the purpose herein conferred. Whenever an improvement is made to a municipal street or alley pursuant to this section, it shall be lawful for the county to pay the total cost of such improvement, or the cost may be divided between the municipality and county. The muni- cipal ordinance authoriting the improvement shall stipulate what per- centage of the cost, if any, shall be borne by the municipality, and what percentage of the cost shall be borne by the county. The con- tract for any such improvement may be taken by the county, upon the stipulation by the municipality to pay its proportionate share of the cost, if any, upon the completion of the work ; or it may be taken by the municipality, upon a like stipulation of the county; or the im- provement may be made by joint contract. When municipal streets or alleys are widened or improved by the county, in the manner here- in provided, and special benefits result therefrom to abutting, prop- erty, the municipality shall collect such benefits in the manner now provided by law, and shall apply the amount thereof to its share, if any, of the cost of such improvement. 613 Before any municipal street or alley is improved under this section, the county commissioners and the proper corporate authorities of such municipality shall agree upon the maintenance of such muni- cipal street or alley. Such agreement may provide that siich muni- cipal street or alley shall be kept and maintained in good repair by the municipality, in which case upon the completion of said road all further liability and responsibility of the county shall cease and de- termine, or it may provide that it shall be kept and maintained in good repair by the county, and the share of the municipaltiy shall be paid annually to the county. The proper corporate authorities of such municipality shall have the right to issue permits determining the manner in which public service corporations or individuals shall place, on or under or over such municipal streets or alleys, railway tracks, pipes, conduits, tele- graph lines, or other devices used in the furtherance of business ; and nothing herein contained should be construed to in any way affect or impair the rights, powers, and privileges of the municipality in, on, under, over, or through the public streets or alleys of such muni- oipalities, except as herein provided. t«c. 1, Act of April 14, 1915, P. L. 11$, Mnradias Sec. 18, Act of Mar 11. 1911, P. L. 244, at amended. The Sec. 18 of May 11, 1911, P. !,■ 244, which was amended by the above lection was repealed as far as it confers any powers or imposes any duties' en boroughs by the Act of May 14, 1915, P. L. 312. 1455. AUTHORITIES OF BOROUGH, TOWNSHIP OR IN- CORPORATED TOWN AUTHORIZED TO CONTRACT WITH COUNTY COMMISSIONERS FOR CONSTRUCTION OF ROAD AND APPORTION COST THEREOF. • The proper au- thorities of any borough or township or any incorporated town of this Commonwealth, be, and are hereby, authorized to enter into a coijtract or contract* with, the commissioners of any county in this Commonwealth, providing that the said county commissioners shall construct an improved highway or highways under the provisions of the act to which this is a supplement, and the expense or cost of said construction shall be borne jointly by the said borough, township, or incorporated town and the said county, in such ratio or proportions as may be agreed on in said contract or contracts. Sec. 1, Act of May 24, 1917, P. L. 291. This act (this and two following sections) is a supplement to the Act of May 11, 1911, P. L. 244. See preceding section. 1456. PAYMENT FOR CONSTRUCTION TO BE MADE BY COUNTY. REIMBURSEMENT OF PROPORTIONATE SHARE BY BOROUGH, TOWNSHIP OR TOWN. Payment for the construction of said highway or highways, as provided for in sec- 616 tion one of this supplement, shall be made by the county, which shall be reimbursed by the said borough, township, or incorporated towns, in such suras as agreed upon in said contract or contracts, upon pre- sentation to them, from time to time, of estimates and bills for work already performed and paid for under the provisions of the act to which this is a supplement. Sec. 2, Act of May 24, 1917, P. L. 291. 1457. HIGHWAY TO BE REPAIRED AND MAINTAINED BY COUNTY. BOROUGH, TOWNSHIP OR TOWN MAY CONTRACT TO MAINTAIN HIGHWAY. Any highway con- structed jointly, under the provisions of this supplement, shall be repaired and maintained at the expense of the proper county; but nothing shall prevent the proper authorities of a borough, township, or incorporated town from entering into a contract or contracts with the county commissioners of the proper county for the maintenance of said improved highway, under such terms and conditions as may be mutually satisfactory. \ Sec. 4, Act of May 24, 1917, P. L. 291. 1458. VALIDATION OF WRITTEN AGREEMENTS TO SHARE COST WITH BOROUGH OF IMPROVING, ETC. PORTION OF STATE HIGHWAY WITHIN BOROUGH WHERE NO AUTHORITY THEREFORE EXISTED. PAY- MENT. Whenever any county of the Commonwealth, by its county commissioners, has heretofore agreed in writing with any borough to defray a portion of the cost of improving and reconstructing any road or street within the limits of such borough, lying on the route of a State highway, and where such road or street has been heretofore duly improved and reconstructed by such borough with the under- standing that a portion of the cost of such improvement and recon- struction was to be paid by the county, and where the county has failed to pay its due proportion of the cost of such improvement and reconstruction for the reason that no legal authority for such pay- ment existed by law, such agreement on the part of the county is hereby validated and made as binding upon the county as if full legal authority existed therefor at the time such agreement was entered into; and the county commissioners of the county are hereby au- thorized to draw their warrant in favor of, and to pay to, such bor- ough, out of the funds of the county, the portion of the cost of im- proving and reconstructing such borough, road or street agreed upon in the agreement by them entered into; and upon making such pay- ment to such borough the county commissioners shall be relieved from all further liability. Sec. 1, Act of March 21, 1919, P. L. 21. 617 1459., CITY, TOWN, BOROUGH OR TOWNSHIP ROAD LEADING TO END OF COUNTY BRIDGE, LAID OUT BUT NOT OPENED MAY BE CONSTRUCTED BY COUNTY IN CERTAIN CASES. When a public road is laid out and confirmed by the court, and not opened, leading to either end of a county bridge, across any river in this Commonwealth, upon a petition of citizens of the city, town, borough or township through which the said road is located, setting forth that the expenses of the construction is too burthensome to the taxpayers of the said city, town, borough or township, that thereupon the court of quarter sessions of the proper county may, upon the filing of the said petition, order the county commissioners to prepare plans of said public road, not exceeding one-fourth mile in length, from the end of such bridge, which plans shall be submitted to the court, and such time shall be fixed for fil- ing exceptions to said proceedings as the court shall deem proper; and if no sufficient cause be shown to the contrary, the said court, upon approval thereof, shall then authorize the county commis- sioners to construct the said road, according to the plans and sur- vey accompanying said proceedings; and upon the approval of the same by the county commissioners, or a majority of them, they shall proceed to open such road at the expense of the county : Provided, That the term "river" in this act shall mean any stream of water ten hundred feet wide, or over. Sec. 1, Act of May 21, 1901, P. L. 268. 1460. WHERE CENTER LINE OF HIGHWAY IS BOUND- ARY BETWEEN CITY OR BOROUGH AND TOWNSHIP, COUNTY AND TOWNSHIP MAY JOIN WITH CITY OR BOR- OUGH IN IMPROVING. Whenever the center line of ^ny high- way constitutes the dividing line between any city or borough and a township located in the same county, it shall be lawful for the com- missioners of the county arid for the commissioners or road super- visors of such township, as the case may be, to enter into a contract with the city or borough, providing for the grading, curbing, and macadamizing, or paving, of the roadway of said highway ; the cost thereof to be borne one-half ty the city or borough and one-half by the county and township, in equal portions. Sec. 1, Act of May 20, 1913, P. L. 267. Repealed as far as it confers any powers or imposes any duties on boroughs, by the Act of May 14, 191S, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 991. 1461. ALTERATION OR IMPROVEMENT HOW CON- STRUCTED. APPORTIONMENT OF COST OF REPAIRS. The said alteration or improvement shall be constructed and subse- 618 quent repairs shall be made, under the supervision of the proper au- thorities of the said city or borough, in compliance with existing laws' governing the construction of such alterations or improvements in said city or borough, and in further compliance with plans and speci- fications to be agreed upon, in writing, between said city or borough and the commissioners of the county and commissioners or road supervisors of the said township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township,' or by the county and township, in equal portions, or such other proportion as may be agreed upon by the county and township. Sec. 2, Act of May 20, 1913, P. L. 267. 1462. WHERE CENTER LINE OF HIGHWAY IS BOUND- ARY BETWEEN CITY AND TOWNSHIP IN ADJOINING COUNTY, COUNTY AND TOWNSHIP MAY JOIN WITH CITY IN IMPROVING. SHARING OF COST. Whenever the center line of any highway constitutes a dividing line between a city and a township located in an adjacent county, it shall be lawful for the commissioners of the county and for the commissioners or town- ship supervisors of such township, as the case may be, to enter into a contract with the city providing for the grading, curbing, macadamiz- ing, or paving of the roadway of Said highway, the cost thereof to be borne one-half by the city, and one-half by the township and the county in which such township shall be situated in equal portions. Sec. 1, Act of June 20, 1919, P. L. 513. 1463. ALTERATION, IMPROVEMENT AND REPAIRS TO BE MADE UNDER SUPERVISION OF CITY AUTHORITIES. PLANS AND SPECIFICATIONS. DIVISION OF COST. The said alteration or improvement shall be constructed, and subsequent repairs shall be made, under the supervision of the proper authorities of the said city, in compliance with existing laws governing such construction or improvement of such city, and in further compliance with plans and specifications to be agreed upon in writing between such city and the commissioners of the county and the commissioners or township supervisors of the said township. The cost of repairs shall be borne one-half by the city, and one-half by the township or by the county and township in equal portions or such other propor- tion as may be agreed upon by the county and township. Sec. 2, Act of June 20, 1919, P. L. S13. 1464. IMPROVEMENT ON ORDER OF QUARTER SES- SIONS IN CERTAIN CASES. PROCEDURE TO OBTAIN ORDER. In all cases in which it shall be found impossible to enter 619 into such contract or agreement as is provided for by the first section of this act, or where either the city or the township or the county in which such township is situated shall refuse to enter into such con- tract or agreement, it shall be lawful for either the city or the county or township to present its petition to the court of common pleas of either county setting forth the facts and circumstances, including the condition of the highway from which the necessity or desirability for the grading, curbing, macadamizing, or paving of the roadway ap- pears, and the estimated cost thereof, and that the terms of the said contract as provided for in section one cannot be agreed upon by the said city and the county or township, or either or any of them, or that either such city or the county or township, or any or either of them, refuses to enter into such contract. Such petition may pray that such court may, after hearing all the parties concerned, make its order or decree, defining the nature and Character of the improve- ment reasonably necessary or desirable to be made to the roadway, and requiring the parties hereinabove specified to enter into a con- tract or contracts for the making and constructing of the same as herein provided for. A copy of the said petition, duly certified, shall be served upon the city or the county and township concerned, other than the petitioner, with notice of such day as may be fixed by the court for the hearing. Thereupon either or both of the parties served with such notice shall be entitled, on or before such date, to file in the said court its answer to the said petition, setting forth its version of the fapts or such other matters in relation thereto as may be deemed necessary or proper by it. The said court, upon the date so fixed or at such other time as it may appoint, shall hear the evidence of the parties, or it may refer the matter to a master, who. shall hear the testimony of the parties and report his findings, in the same manner and under the same procedure as provided by the rules in equity in similar cases, to the said court, which may reject, confirm, or modify the same, and may make its decree or order directing the making of such alterations or improvements to the roadway as may be deemed reasonably necessary or desirable and providing for the shar- ing of the cost of such improvements, one-half by the city, and one- half by the county and township in equal portions. The said order or decree may further provide that the repairs to such alterations and improvements subsequently required shall be borne one-half by the city, and one-half by the county or township in equal portions or such other proportions as between the county and the township as such court may find to be legal and proper; and thereupon the said grad- ing, curbing, macadamizing, or paving of the roadway of such high- way shall proceed in ^cgordgnge yf'ith. th? d?9ree or order of the said 620 court in the same manner as if the contract or agreement provided for in the first section of this act had been entered into and duly executed. Sec. 3, Act of June 20, 1919, J. L. 513. 1465. GUARDS OR BARRIERS ALONG TOWNSHIP ROADS TOO EXPENSIVE FOR TOWNSHIP TO ERECT MAY, ON PETITION TO COURT, ETC., BE ERECTED AND MAINTAINED IN SAME WAY AS COUNTY BRIDGES. When a road or highway runs along the edge of a precipice, along which it may be necessary to erect guards or barriers for the proper protec- tion of the traveling public, and the erecting of such guards or bar- riers requires more expense than it is reasonable the township should bear, the court having jurisdiction shall, on the representation of the .'■upervisors or on the petition of any of the inhabitants of such town- ship, order a view, in the manner provided for in the case of roads ; and if on the report of viewers, it shall appear to the court, grand jury and commissioners of the county, that such guards or barriers are necessary and would be too expensive for such township, the same shall be erected and maintained as county bridges are now erected; and that the provisions of this act shall apply to roads already opened as well as those hereafter opened. Sec. 1, Act of May 25, 1878, P. L. 150, No. 190. 1466. MONEYS DERIVED FROM BICYCLE LICENSE TAX MAY BE EXPENDED ON TOWNSHIP ROADS. The commis- sioners of any county, having funds derived from bicycle license tax, may expend such funds upon the construction, maintenance, or re- paid of any township road in the county. Sec. 1, Act of June 1, 1915, P. L. 708, No. 32S. (e) State and State-Aid Highways. 1. State Highways. 1467. CONTRACTS TO REPAIR AND MAINTAIN STATE HIGHWAY. The State Highway Commissioner may, at his dis- cretion, enter into a contract with [any person, firm, or corporation, or the authorities of any borough of incorporated town, or] the com- missioners of any county, [or the supervisors or commissioners of any township,] to repair and maintain any highway designated in this act as a State Highway, or any portion thereof. Sec, 12, Act pf May 31, 1911, P. L. 4(58, 621 1468. RECONSTRUCTION OR IMPROVEMENT OF STATE HIGHWAY IN THE SAME MANNER AS STATE-AID HldH- WAYS AUTHORIZED. AGREEMENTS ON SHARING COST. WHAT STATE FUNDS AVAILABLE. The State Highway Com- missioner is hereby authorized to make and enter into contracts for the reconstruction or improvement of any section of a State high- way for which an application has been, or which may hereafter be, made, by any county, [township, borough, or incorporated town,] or by any county and township, county and borough, or county and in- corporated town, asking that such section of State Highway be re- constructed or improved in the same manner as a State-aid highway, and agreeing to pay its or their respective share of the total cost of said reconstruction or improvement, as provided for in section twenty-two of the act to which this is a supplement, (section 1479 below,) or upon such other terms and conditions as to the sharing of the total cost of said reconstruction or improvement as may be agreed upon between the State Highway Commissioner and any such county, [township, borough, or incorporated town,] or between the State Highway Commissioner and any such county and township, county and borough, or covmty and incorporated town, but otherwise, as provided in section twenty-two of the act to which this is a sup- plement. In the construction or improvement of any such State highway in any borough, town, or township, in the same manner as a State-aid highway, the State Highway Department may use funds now appro- priated, or that may hereafter be appropriated, either for State high- way or State-aid highway purposes. Sec. 1, Act of March 20, 1917, P. L. 6, amending Sec. 1, Act of June 5, 1913, P. L. 417. The Act of June S, 1913, P. L. 417 (this and two following sections), is a supplement to the Act of May 31, 1911, P. L. 468. See Sees. 1477 to 1492 below. 1469. INCURRING OF INDEBTEDNESS AUTHORIZED. The several counties, [townships, boroughs, or incorporated towns] in the Commonwealth that have made, or which may hereafter make, several or joint applications for the reconstruction of a State High- way, or any portion thereof, as a State-aid Highway, are hereby au- thorized to incur such indebtedness in the proportions agreed upon, as aforesaid, and to pay their respective shares of the cost thereof as provided for in the act to which this is a supplement. Sec. 2, Act of June S, 1913, P. L. 417. See note to preceding section. 622 1470. WORK TO BE DONE UNDER CONTRACT. HIGH- WAY TO REMAIN STATE HIGHWAY. All work authorized under this supplement shall be done under contract, as provided for and set forth in the act to which this is a supplement, and the section or sections of State Highway so reconstructed or improved shall be and remain a State Highway. Sec. 3, Act of June 5, 1913, P. L. 417. See note to Sec. 1468 abore. 1471. RECONSTRUCTION OR IMPROVEMENT OF STATE HIGHWAY IN THE SAME MANNER AS STATE-AID HIGH- WAYS AUTHORIZED. AGREEMENTS ON SHARING COSTS. RESTRICTIONS WHERE BOROUGHS ARE CON- CERNED. The State Highway Commissioner is hereby authorized to make and enter into contracts for the reconstruction or improve- ment of any section of a State highway for which an application has been, or which may hereafter be, made by any county, township, borough, or incorporated town, or by any county and township, county and borough, or county and incorporated town, asking that such section of State highway be reconstructed or improved in the same manner as a State-aid highway ; and agreeing to pay its or their respective share of the total cost of said recon«truction or improve- ment as provided for in section twenty-two of the act to which this is a supplement, or upon such other terms and conditions as to the sharing of the total cost of said reconstruction or improvement as may be agreed upon between the State Highway Commissioner and any such county, township, borough, or incorporated town or be- tween the State Highway Commissioner and any such county and township, county and borough, or county and incorporated town ; but, otherwise, as provided in section twenty-two of the act to which this is a supplement : Provided, That the State Highway Commissioner shall not enter into any agreement with any borough of this Com- monwealth for the building or as to the sharing of the total cost of the reconstruction or improvement of any section of State highway within said borough until such borough shall lay all necessary pipes and make all necessary connections for sewerage, water, gas, heat- ing, lighting, and any other purpose whatsoever, where the duty to lay such pipes and make such connections is imposed upon the bor- ough by law, and shall, by ordinance duly passed by the borough council and approved by the burgess, compel all public service com- panies and abutting property owners to lay all necessary pipes and make all necessary connections for sewerage, water, gas, heating, lighting, or any other purposes whatsoever, along and in the line of said section of State highway, before the work of reconstruction or 623 improving same is started: And provided further. That said section of State highway shall not be torn up or opened for any purpose whatsoever by the borough or any public service company or com- panies or abutting property owner or any other person or persons, within a period of five years from the time the reconstruction or im- provement of said section of State highway is completed, except in case of unavoidable accident, and, in the event that said section of State highway shall be torn up or opened on account of an unavoid- able accident, the borough shall notify the State Highway Commis- sioner of such opening, and the same shall immediately be recon- structed and repaired at the expense of the said borough under the supervision of the State Highway Commissioner or his duly author- ized agent or representative and according to the standards of the State Highway Department. In the event that the said borough fails or refuses to reconstruct or repair said section of State highway, the same shall be reconstructed or repaired by the State Highway Com- missioner, and the cost thereof collected from said borough. Sec. 1, Act of June 5, 1919, P. L. 395, amending Sec. 1, Act of May 17, 1917, P. L. 235. , ^ ' The Act of 1917 is a •upplement to the Act of May 31, 1911, P. L. 468. 1472. INCURRING INDEBTEDNESS AUTHORIZED. VAL- IDATION OF PRIOR CONTRACTS. The several counties, [townships, boroughs, or incorporated towns] in the Commonwealth that have made, or which may hereafter make, several or joint appli- cations for the reconstruction of a State highway or any portion thereof as a State-aid highway, are hereby authorized to incur such indebtedness in the proportions agreed upon, as aforesaid, and to pay their respective shares of the cost thereof, as provided for in the act to which this is a supplement ; and all such contracts heretofore en- tered into are hereby made valid. Sec 2, Act of May 7, 1917, P. L. 235. This act is a supplement to the Act of May 31, 1911, P. L. 468. See Sees. 1477 to 1492 below. 1473. WORK TO BE DONE UNDER CONTRACT. HIGH- AY TO REMAIN STATE HIGHWAY. All work authorized under this supplement shall be done under contract, as provided for and set forth in the act to which this is a supplement, and the section or sections of State highway so reconstructed or improved shall be and remain a State highway. Sec. 3. Act of May 17, 1917, P. L. 235. This act is a supplement to the Act of May 31, 1911, P. L. 468. 624 1474. IN COUNTIES OF LESS THAN 800,000 POPULATION WHEN CHANGE IN LINES OR LOCATION OF STATE HIGHWAY IS NECESSARY, COUNTY TO AGREE WITH OWNERS ON DAMAGES IF POSSIBLBE. ASSESSMENT BY VIEWERS. DAMAGES TO BE PAID BY COUNTY. Before the Highway Commissioner shall, in any county having a population of less than eight hundred thousand inhabitants, undertake the con- struction, reconstruction, or improvement of any State highway on the plan of the State highways, wherein a change of existing lines and location is necessary, and damage is likely to result to abutting prop- erty, he shall notify the county commissioners of the proper county, in writing, of the contemplated change in such existing lines and location ; whereupon the county commissioners, when possible, shall enter into an agreement with the owner or owners of said property as to amount of damages to be paid to said owner or owners, which damage, if agreed upon, shall be paid by the county; or, in case an agreement satisfactory to the county commissioners and the isaid owner or owners cannot be made, the State Highway Commissioner may proceed with the work of construction, reconstruction, or im- provement; and the owner or owners of said property damaged thereby may present their petition to the court of quarter sessions for the appointment of viewers to ascertain and assess such dam- ages. The proceedings upon said petition, and by the viewers, shall be governed by existing laws relating to the ascertainment and as- sessment of damages for laying out and opening public highways; and such damages, when ascertained, shall be paid by the county in which the State highway is located. Sec. 1, Act of July 18, 1917, P. L. 1040. 1475. APPROPRIATIONS, BOND ISSUES, ETC., AUTHOR- IZED FOR IMPROVEMENT AND MAINTENANCE OF STATE, STATE-AID AND OTHER PUBLIC HIGHWAYS, SUBJECT TO APPROVAL OF STATE HIGHWAY DEPART- MENT AND ON PETITION OF TOWNSHIPS IN CERTAIN CASES. Any county of this Commonwealth may appropriate and expend moneys, and incur such indebtedness and issue bonds or other obligations therefor, as may be necessary, to pay for the improve- ment and maintenance of any State highway or State-aid highway or any public highway within its proper limits: Provided, however. That no improvement can be made to any State highways or State- aid highways until the same has been submitted to and approval by the State Highway Department: And privided further, That no county shall appropriate and expend any of such moneys for the im- provement and maintenance of any public highway other than a State 625 'highway or State-aid highway or county road until and unless the supervisors or commissioners of the township in which the highway proposed to be improved Hes shall first petition the county commis- sioners of the county, representing that any highway or section thereof, lying within such township, on which it is proposed that said money shall be expended, is in need of reconstruction, and par- ticularly describing said highway, and until and unless the said ap- plication has been submitted to and approved by the State Highway Department. Sec. 1, Act of June 12, 1919, P. L. 450. 1476. APPROPRIATIONS FOR IMPROVEMENT OF HIGH- WAYS OUTSIDE OF CITIES OR BOROUGHS CONNECT- ING WITH STATE OR STATE-AID HIGHW/^YS AUTHOR- IZED. The counties, cities, and boroughs of this Commonwealth may, singly or jointly, appropriate and expend moneys for the im- provement of highways outside of the limits of such cities or bor- oughs, for the purpose of connecting improved streets in such cities or boroughs with a State highway or State-aid highway: ^Provided, however. That the part of the highway to be improved to make such connection outside of the city or borough limits shall be less than one mile in length. Sec. 1, Act of May 23, 1913, P. L. 336, No. 223. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312. 2. State-Aid Highways. 1477. "HIGHWAY" AND "STATE-AID HIGHWAY" DE- FINED. The word "highway," as used in this act, shall be con- strued to include any existing causeway or bridge, or any neW cause- way or bridge, or any drain or watercourse, which may form part of a rdad, and which has been or might properly be built, according to any existing laws, by the townships of the Commonwealth. A "State-aid highway," as the term is used in this act, shall be con- strued to mean only such highway as is improved with the aid and co-operation of the State with county and township, or with county or township, borough or incorporated town, either or severally, as the case may be, according to the terms and provisions hereof ; but shall not include any causeway or bridge which should properly be built by the county or by the State, under existing laws. Sec. 34, Act of May 31, 1911, P. L. 468. 40 626 1478. STATE-AID TO COUNTIES AND TOWNSHIPS IN IMPROVEMENT AND MAINTENANCE OF ROADS OR HIGHWAYS OTHER THAN STATE HIGHWAYS AUTHOR- IZED. PERCENTAGE OF AID AND PARTS PAID BY COUNTY AND TOWNSHIP. BORROWING MONEY AND BOND ISSUE AUTHORIZED. The several counties and town- ships of the Commonwealth, or any of them, either jointly as county and township, or severally, expressing a desire to the State High- way Department, in manner hereinafter required, for State-aid, shall, from and after the passage of this act, be entitled to receive the aid and co-operation of the State in the improvement and subsequent maintenance of any road pr highway, in any county or township of the Commonwealth not herein defined as a State Highway, when complying with the provisions of this act governing same. The State, when granting the aid and co-operation desired, shall not in any case pay more than fifty (50) per centum of the cost of any road improvement, nor more than fifty (50) per centum of the main- tenance thereafter; and the. remaining fifty (50) per centum of the cost and expense of improvement shall be paid, to wit : Twenty-five (25) per centum by the county, and twenty-five (25) per centum by the township, when the application for said aid is joint by county and township; and thereafter the township shall pay fifty (50) per centum of the entire cost of maintenance : Provided, That counties or townships may agree between themselves to contribute their joint proportion of the fifty (50) per centum of the total expense of any improvement, herein required to be borne by them, in dif- ferent proportions from that herein specified. Where any town- ship or county road or highway is desired to be improved by a cbunty or township, without the joint action or co-operation of the other, then said county or township, as the case may be, shall pay the entire fifty (50) per centum of the cost of the road improve- ment, and fifty (SO) per centum of the cost of maintenance there- after: [Provided, That any township desiring the aid and co- operation of the State in the permanent improvement of any of its roads shall levy a cash road-tax to meet the cost of such permanent improvement, and shall levy annually thereafter such further road- taxes in cash as are sufficient to pay the township's share of the annual maintenance of such highways:] And provided further. It shall be lawful for any township or county of the Commonwealth to incur indebtedness or to issue bonds, in the manner authorized by law, for the payment of said township's or county's share of the cost of any permanent road improvement or maintenance undertaken un- der the provisions of this act. See, 21, Act of May 31, 1911, P. L. 46S. 627 1479. PROCEDURE TO OBTAIN STATE AID. CON- TRACTS BY STATE HIGHWAY COMMISSIONER FOR IM- PROVEMENT OF ROAD. The State shall not furnish any aid or co-operation in the permanent improvement or maintenance of any county or township road or highway, to be improved as a State-ajd highway, until and unless the supervisors or commissioners of the township in which the road desired to be improved lies, "where the improvement is intended to be made jointly by township and county, shall first petition the county commissioners of the county, repre- senting that any principal highway, or section thereof, lying within said township, is in need of reconstruction, and setting forth that the said township desires to take advantage of the provisions of this act to improve said highway. It shall then be the duty of said county commissioners to adopt a resolution authorizing the assumption by the county of its share of said improvement; and the said county commissioners shall then promptly petition the State Highway De- partment for the aid and co-operation of the State as desired for the particular road to be improved. Said petition of the county com- missioners shall be accompanied by the said township petition, and it shall state the desire of both the township and county that said road or highway shall be improved and maintained as a State-aid highway, according to such plans and specifications as shall be prepared by the State Highway Department; that the county and township, or townships, agree to pay fifty (SO) per centum of the cost and ex- pense of such improvement, and the township or townships will thereafter, in consideration of the aid and co-operation of the State so granted, pay fifty (SO) per centum of the cost of repair and main- tenance thereof. Such roads to be at all times under the authority and supervision of the State Highway Department. Said petition shall further state that petitioners, upon approval thereof by the State Highway Department, will enter into an agreement with the Com- monwealth, to be approved by the Attorney General or Deputy as to form, which shall embody and contain all matters of detail con- cerning the improvement, maintenance, and repair of the highway to be improved : Provided, When the aid and co-operation of the State in the improvement of any highway is desired by any county or tovvn- ship, without the intervention of the other, said county or township, if it shall agree to pay one-half of the cost of the improvement and maintenance thereof, shall be entitled to receive the aid and co-opera- tion of the State, in like manner as in cases of joint applications by county and township: And provided further, That no State aid shall be paid or given, nor shall any work be commenced in the im- provement of any road or highway in any township or county of this Commonwealth, until said agreement shall have been duly executed 628 by the respective parties pursuant to due and legal municipal and corporate action of both township and county; and the State High- way Commissioner shall then advertise for bids, and let contract or contracts for the improvement of the road desired to be improved, in the manner herein provided in the case of improvement of State Highways : And provided further, That the State Highway Commis- sioner may enter into contracts at any time in amounts equal to the State appropriation then available, plus the respective shares of the counties or boroughs. Sec. 22, Act of May 31, 1911, P. L. 468. 1480. DUTY OF COUNTY COMMISSIONERS WHEN PROPERTY OWNERS OF TOWNSHIP PETITION FOR IMPROVEMENT AND STATE-AID. In any township of the Commonwealth, wherein the owners of the majority of the assessed valuation of real estate therein shall desire any principal road or highway, being and lying in their said township, to be improved and maintained as a State-aid highway, they may petition the super- visors or commissioners of their said township for said improve- ment to be made, and require them to petition the county commis- sioners of the county to make application to the State Highway De- partment for the aid and co-operation of the State in the improve- n;ent and maintenance of said highway; whereupon the duty of the county commissioners in the premises shall be the samein form and procedure as in other cases hereinbefore provided. Sec. 23, Act of May 31, 1911, P. L. 468. 1481. ACTION OF COUNTY COMMISSIONERS EN- FORCED BY QUARTER SESSIONS IN CASE OF UNDUE DELAY TO ACT ON PETITION. In all cases where the town- ship supervisors or commissioners or county commissioners refuse to act upon, or unduly delay action on, any petition for the improvement and maintenance of any road or highway as a State-aid highway, any citizen, taxpayer of the township or county, may, by petition, pre- sent the facts of the matter to the court of quarter sessions, request- ing the court to order such action thereon as the case may require ; and if, after due hearing had before said court, it shall appear that the truth of the matters alleged in the petition are sustained, the court shall make an order directing the township supervisors or commissioners, or county commissioners, as the case may be, to forth- with act upon said application or applications for State aid, and that the said application or petition for the improvement be forthwith forwarded to the State Highway Department. Sec. 24, Act of May 31, 1911, P. L. 468. 629 1482. NO ACTION TO BE TAKEN ON PETITION OF TOWNSHIP WHEN PROTEST IS FILED BY MAJORITY OF PROPERTY OWNERS. If within thirty days after the re- ceipt of any petition for highway improvement in any township, under the provisions of this act, a petition signed by the owners of a ntajority of the assessed valuation of real estate in said township is received by the county commissioners of the county in which said township is located, protesting against said proposed expenditure upon the part of the township, then the county commissioners shall take no action on said petition for improvement, but shall return the same to the township supervisors or commissioners from whom it was received. Sec. 25, Act of May .31, 1911, P. L. 468. 1483. PRINCIPAL HIGHWAY OUTSIDE LIMITS OF ANY CITY. PROCEDURE IN OBTAINING STATE AID. When- ever the county commissioners of any county shall represent by petition to the State Highway Commissioners that any principal highway in said county, outside the corporate limits of any city, is I'.ot in a satisfactory condition for comfortable and easy travel at all seasons of the year, and ought to be reconstructed as a State-aid high- way, it shall be the duty of the State Highway Commissioner, or any assistant directed so to do, to examine such highway ; and if, in the judgment of the State Highway Commissioner, said representation is well-founded, he shall determine what changes should be made in said existing highway, what portion of it shall be improved and in what manner, and shall make the necessary survey, prepare accurate plans, and make detailed estimate of the expense of the work which in his opinion should be done, and report the same to the county commissioners of the county and the supervisors of commis- sioners of the township or townships in which said highway may lie. If the said county commissioners and township supervisors, or com- missioners, then decide that it is advisable to go on with the work, they, the said county commissioners and township supervisors, or commissioners, shall enter into the agreement with the State High- way Department hereinbefore specified: Provided, however. Said improvement shall not be commenced until the funds at the disposal of the State Highway Department for such purpose shall be suf- ficient to meet the cost and expense of the improvement desired. Sec. 26, Act of May 31, 1911, P. L. 468. 1484. APPORTIONMENT OF STATE AID. RE-ALLOT- MENT IN CERTAIN CASES. The State aid authorized by the provisions of this act in the construction of State-aid highways shall be ratably apportioned among the several counties of the Common- 630 wealth by the State Highway Commissioner, according to the mile- age of township and county roads in the respective counties, and the said amounts or apportionments shall remain in the State Treasury until applied for in accordance with the provisions of this act: Pro- vided, however. That if, in any case, the amounts or apportionments so apportioned shall not be applied for before the first day of March in each year, the same shall thereupon be ratably allotted to such county or counties as have made application requiring the expendi- ture of sums, in the improvement of State-aid highways, greater than the amount of their apportionment. Sec. 27, Act of May 31, 1911, P. L. 468. 1485. STANDARD AND SJZE OF STATE-AID HIGHWAYS. All highways improved as State-aid highways shall conform to the provisions of this act and the rules and regulations of the State High- way Department as provided in case of State highways : Provided, That no section of State-aid highways improved under this act shall be less than one-half mile in length, nor shall the improved portion thereof be less than twelve feet in width. Sec. 28, Act of May 31, 1911, P. L. 468. 1486. MAINTENANCE AND REPAIR. CONTRIBUTION TO COST THEREOF. The work of maintaining and repairing all State-aid highways, improved under the provisions of this act, or which shall have been previously reconstructed by State aid, shall be done by the State Highway Department; and fifty (SO) per centum of the cost thereof shall be paid by the several townships wherein such roads may lie; or by the county, when such roads have been improved upon the petition of such county without the co-opera- tion of the township. Sec. 29, Act of May 31, 1911, P. L. 468. 1487. WHEN PORTION OF IMPROVED HIGHWAY RUNS THROUGH BOROUGH OR TOWN, COUNTY MAY CO-OPER- ATE WITH BOROUGH OR TOWN. Where a portion of a high- way traversing one or more townships, and for the improvement and maintenance of which as a State-aid highway, according to the pro- visions of this act, application has been made by said township or townships, shall lie within the limits of or traverse any borough or boroughs, or any incorporated town or towns, and where the failure of said borough or boroughs, or incorporated town or towns, to im- prove the said highway would leave a break or unimproved section in a continuous improved highway, it shall be lawful for the county commissioner? of th? county in which said highway is located ft 631 enter into an agreement with said borough or boroughs, or incor- porated town or towns, to bear a portion of the expenses of said im- provement of the highway within the limits of the said borough or town, in the same manner as herein provided for the co-operation between the counties and townships: Provided, That an improved road shall have been previously constructed in an adjoining town- ship, borough, or town to the lines of the borough or town making application or petition for such improvement, the State Highway Commissioner is authorized to bear a portion of the expense of said improvement of said highway within said borough or town limits; but in no case shall the portion of said expense to be borne by the State exceed fifty (50) per centum of the total expense of said im- provement. Boroughs or incorporated towns shall only receive aid from the State, as aforesaid, in cases where failure to receive such aid would prevent a continuous improvement of an important State- aid highway: Provided, That any borough or incorporated town which is willing to pay one-half the cost of constructing any such road hereinbefore mentioned, .may make application direct to the State Highway Department. All improvements made in borough or town highways, as herein provided, shall be of a character similar to that specified for the township or townships through which the highway to be improved passes in reaching said borough or town: Provided, however, That the council of any borough or boroughs, or incorporated town or towns, through which such highway passes, shall, before its construction, by proper ordinance, enter into an agreement with the State Highway Commissioner for the payment of said borough's or town's share of the cost of construction and of the subsequent maintenance of such portion of Said State-aid highway as lies within the limits of said borough or town, similar to that required elsewhere in this act of the commissioners or super- visors or townships. Sec. 30, Act of May 31, 1911, P. L. 468. 1488. RIGHT TO BID FOR CONSTRUCTION OF STATE- AID HIGHWAYS. SAME CONDITIONS AND REGULA- TION AS OTHER BIDDERS. Any county, [township, borough or incorporated town] may through its comniissioners [or super- visors or councils,] bid for the construction or improvement of such portion of any State-aid highway, undertaken under the provisions of this act, as may lie within its limits ; and any county, [township, borough, or incorporated town] submitting such bid shall have the same consideration, and shall be governed by the same rules and regulations of the department, as in the case of other bidders ; and, if 632 awarded the contract, shall fulfill the same, and be subject to the same conditions and regulations as herein provided for other con- tractors. Sec. 31, Act of May 31, 1911, P. L. 468. 1489. CONDEMNATION OF PROPERTY, ASSESSMENT AND PAYMENT OF DAMAGES. Where any person or corpora- tions shall sustain damage by the taking of land to alter the location of any State-aid highway which may be improved under this act, and the county commissioners and township supervisors or com- missioners and parties so injured cannot agree on the amount or damage sustained, such persons or corporations may present their petition to the court of quarter sessions for the appointment of viewers to ascertain and assefes such damages ; and the form and pro- cedure therein shall be governed by existing laws relating to the assessment of damages in opening public highways; and such dam- ages, when ascertained, shall be paid, — fifty per centum (50) by the State, and twenty-five per centum (25) by the county, and twenty- five per centum (25) by the township: Provided, Where the land sc taken is in connection with the improvement of State-aid high- way, which is being done upon the petition of township or county alone, and not jointly by the township and county, then fifty per centum (50) of the damages sustained shall be paid by the county or township. Sec. 32, Act of May 31, 1911, P. L. 468. 1490. PAYMENTS ON CONTRACT. PAYMENT OF COUNTY'S SHARE, AND ENFORCEMENT OF SUCH PAY- MENT. APPLICATION OF MONEYS PAID BY COUNTY, ETC. The total cost of the improvement and maintenance of the State-aid highways constructed under the provisions of this act, as provided by the terms of the contract, or otherwise as herein pro- vided, when properly certified by the State Highway Commissioner, shall be audited by the Auditor General, and when audited and al- lowed shall be paid out of moneys specifically appropriated fot- this purpose, by warrants' drawn therefor by the Auditor General upon the State Ti-easurer. The share of the county shall be paid as pro- vided by its contract, and, otherwise, by the provisions of this act, to the State Treasurer by the county treasurer, upon the warrant of the county commissioners, in such sum or sums as shall be certified by the State Highway Commissioner, from time to time, during the per- formance of the work or contract, or as provided by the contract, and, otherwise, by the provisions hereof, after the same shall be com- pleted. [The share of the township or townships, or of any bor- ough or boroughs, or of any incorporated town or towns, shall be paid to the State Treasurer by the township supervisors or commis- 633 sioners, or by the borough treasurer, or by the town treasurer, as the case may be, in the manner and form as in the case of counties, and ' as other debts of said township or boroughs are paid, when and as demanded by certificate of the State Highway Commissioner during the performance of the work or contract, or, in Uke manner, after the same shall be completed.] Upon the completion of any State-aid highway improvement, or upon the ascertainment of any additional improvement cost, or of any maintenance expense, incurred thereon thereafter by the State Highway Department, the State Highway Commissioner shall certify the same to the State Treasurer, and to the county commissioners and township supervisors, or borpugh or town authorities, as the case may be, the respective shares of said cost or expense for which the county, township, borough, or incor- porated town is hable. If the said shares or amounts, so certified by the State Highway Commissioner, of the cost and expense of the im- provement, or of the subsequent maintenance thereof, as provided by contract and the provisions of this act, of the county, [township, borough, or incorporated town, or all or either of them,] shall not be paid to the State Treasurer within thirty days after being certified, then the said shares of the county, [township, borough, or incor- porated town, either or all of them,] remaining unpaid, shall be charged by the State Treasurer against any funds of said county, [township, borough, or incorporated town] which may be in the hands of the State Treasurer, or which may thereafter come into his hands, excepting school funds, and may also be recovered by action at law or equity as any other debts of such counties, [town- ships, boroughs, or incorporated towns] are by law recoverable. The amounts paid under this act to'the State Treasurer by the counties, [townships, boroughs, and towns] shall be placed by him to the credit of the proper fund for highway construction or maintenance, and shall immediately be available for the use of the State Highway Department for construction or maintenance, as the case may be ; and the State Highway Commissioner is hereby authorized and em- powered to apportion the said amounts, thus paid into the State Treasury by the counties, townships, boroughs, and incorporated towns, among the several counties as hereinbefore provided for. The State Highway Commissioner may make partial payments to any contractor performing any highway improvement, under this act, as the same progresses, lipon estimate made by the State High- way Department; but not more than ninety per centum (90 per centum) of the estimate of work done, or of the contract price, shall be paid in advance of the full and satisfactory completion of said im- provement, and acceptance of same by the State Highway Commis- sioner. Sec. 33, Act of May 31, 1911, P. L. 468. 084 1491. SIGN BOARDS. COST OF SAME. All State-aid high- ways, under the provisions of this act, shall be marked, and suitable sign boards erected and maintained at crossroads, as provided in the case of State Highways, and the same shall be paid for as part of the cost and maintenance of the highway. S«c. 35, Act of May 31, 1911, P. L. 468. 1492. PLANS OF STATE-AID HIGHWAYS. DUTY OF COUNTY COMMISSIONERS AND SURVEYOR TO FURNISH CERTAIN INFORMATION. The State Highway Commissioner shall compile and prepare a plan, or plans, of all State-aid highways in the Commonwealth, which shall show and contain all the informa- tion required to be shown and contained upon the maps or plans of State Highways, so that the department shall at all times have a complete record of the same. In order that the said plan or plans of State-aid highways may be authentic and complete in all re- spects, the county commissioners or county engineers of the several counties of this State, and ofHcials of all cities, boroughs, towns, and townships in the State, which now have, or may hereafter have by l.^w, authority over the public highways and bridges, shall, upon written request of the State Highway Department, furnish said de- partment with any information relating to the mileage, cost of building and maintenance, condition, and character of the highwayi! under their jurisdiction, and with any other needful information re- lating to said highways. Sec. 36, Act of May 31, 1911, P. L. 468. (f) Railroad Crossings. 1493. CROSSINGS TO BE ESTABLISHED TO BE ABOVE OR BELOW GRADE. Except as in this act elsewhere provided, all crossings, hereafter established, whether of highways by railroads or of railroads by highways, shall, except in cities of the first and sec- ond classes, be above or below the grade thereof. Sec. 1, Act of June 7, 1901, P. L. 531. This section applies to lateral railroads. Clifton Heights Boro. v. Kent Manufacturing Co., 220 Pa. 585. This section was repealed so far as it relates to boroughs by the Act of May 14, 1915, P. L. 312. The Public Service Commission has exclusive power to determine, order and prescribe, in accordance with plans and specifications to be approved by it, the just and reasonable manner, including the particular point of crossing, in which the tracks or other facilities of any railroad corporation or street railway corporation may be constructed across any public highway, at grade, or above or below grade; or in which any public highway may be constructed across the tracks or other facilities <53S of any railroad corporation or street railway corporation at grade, or above or below grade; Article V, Sec. 12, Act of July 26, 1913, P. L. 1374 (Sec. 1499 below). These provisions seem inconsistent with, and therefore would repeal Sec. 4 of the Act of 1901, which accordingly has been omitted from this compilation. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 974. 1494. RAILROADS TO CONSTRUCT NEW LINE ABOVE OR BELOW GRADE EXCEPT IN CERTAIN CASES. MAY ALTER GRADE AND LOCATION OF HIGHWAY. Every rail- road company constructing a new line of railroad, under its chartered powers, across a highway, . except in cities of the first and second classes, shall construct the same above or below the grade of the highway, unless permitted, in the manner hereinafter provided, to construct the same at grade ; and such railroad company, may exercise the powers, contained in its charter and the general laws, for altering the grade and location of highways in order to avoid grade crossings. S«c. 2, Act of Junt 7, 1901, P. L. S3l. £•• notM to prtetding section, 1495. COUNTY TO CONSTRUCT NEW HIGHWAY ABOVE OR BELOW GRADE EXCEPT IN CERTAIN CASES. ONE- HALF OF COST TO BE BORNE BY RAILROAD COMPANY. Every municipality or other authority hereafter constructing a high- way, except in cities of the first and second classes, across an exist- ing railroad, shall construct the same above or below the grade thereof, unless permitted, in the manner hereinafter provided, to construct the same at grade, and the cost of said work shall be paid one-half by said municipality and one-half by the railroad company owning said railroad. Sec. 3, Act of June 7, 1901, P. L. 531. S*« note« to See. 1493 abov*. 1496. RAILROAD MAY ABOLISH EXISTING GRADE CROSSINGS. RESTRICTIONS IN CERTAIN CASES. Any railroad company may, at any time, at its own cost and of its own motion, vacate and alter any crossing of its tracks at grade by a high- way, except in cities of the first and second classes, by passing the highway over or under its railroad, and for this purpose may use the powers contained in its charter and the general laws for altering the location and grade of the highway : Provided, That no highway which has been constructed at grade, by permission of the court of 636 common pleas; shall be so altered without like permission, unless by agreement with the municipality wherein the crossing is situated. Sec. 5, Act of June 7, 1901, P. L. 531. See note to Sec. 1493 above. The Public Service Commission has exclusive power, upon its own motion or upon complaint, and after hearing, to order any crossing now existing or hereafter constructed at grade, or at the same or different levels, to be relocated or altered, or to be abolished, according to plans and specifications to be approved, and upon just and reasonable terms and conditions to be prescribed by the Commission; Article V, Sec. 12, Act of July 26, 1913, P. L. 1374, as amended. (Sec. 1499 below.) 1497. COUNTY MAY ABOLISH EXISTING GRADE CROSS- INGS. RESTRICTIONS IN CERTAIN CASES. NOTICE TO RAILROAD COMPANY. DUTY OF COMPANY TO SUP- PORT TRACKS. Any municipality, except cities of the first and second classes, may of its own motion, at any time, at its own cost, vacate and alter any railroad grade crossing of a highway, within its limits, by passing the highway over or under the grade of the rail- road: Provided, That no highway which has been constructed at grade, by permission of the court of common pleas, shall be so altered without like permission, unless by agreement with the railroad com- pany: And provided, further. That such alteration shall not, with- out the consent of the railroad company, create a steeper gradient than the established gradient, in the same direction, upon the di- vision of said railroad upon which the crossing is located. The said municipality shall, before proceeding with the work, give thirty days' notice to the railroad company of the proposed vacation, alteration and change, with plans and details thereof; and it shall be the duty of the railroad company, in case the highway is to be carried under the railroad, to protect and support the railroad tracks during the progress of the work, and in case of the failure of the railroad com- pany so to do, the municipality may proceed to enter upon the rail- road and provide for such protection and support. Sec. 6, Act of June 7, 1901, P. L. S31. See note to Sec. 1493 above. For jurisdiction of Public Service Commission in abolition of grade crossings, see Sec. 12, Article V, of the Act of July 26, 1913, P. L. 1374, as amended (Sec. 1499 below). 1498. RIGHT OF RAILROAD COMPANY AND COUNTY TO PURCHASE OR CONDEMN ADDITIONAL PROPERTY. RESTRICTIONS. If any additional lands or rights or easements therein are necessary or required for the use of the railroad com- pany, in making the changes hereinbefore authorized, the same may be purchased or condemned by the company owning or operating said railroad, and for that purpose the company owning or operating the 637 railroad is hereby invested with all the powers of condemnation con- tained in the charters of said companies or either of them, or in the laws under which said companies or either of them is organized; such lands taken by the railroad company shall be paid for by the company acquiring them. If any additional lands or rights or ease- ments therein are necessary or requii-ed for the changes of highways, or the locations of new highways or passageways, such lands may be tciken by the municipality by purchase or condemnation, and the cost of the same shall be deemed a part of the cost of the changes and alterations, and paid for in like manner as the other expenses there- of. The railroad companies interested in the proposed improve- ment shall have notice of any such condemnation proceedings, and the right to be heard therein, and no such purchase shall be made without the approval of the railroad company. Sec. 7, Act of June 7. 1901, P. L. 531. See note to Sec. 1493 above. Sees. 8 and 9 of the Act of 1901 are inconsistent with and therefore repealed by Sec. 12, Art. V, Act of July 26, 1913, P. L. 1374, as amended (following section). 1499. POWERS AND DUTIES OF AND PROCEDURE BE- FORE PUBLIC SERVICE COMMISSION IN REGARD TO CROSSINGS. RIGHTS AND LIABILITIES OF COUNTIES AND PUBLIC SERVICE COMPANIES. RIGHTS OF OWN- ERS OF PROPERTY TAKEN. Except in cases in which grade crossings are in process of abolition at the time of the passage of this act, under agreement or contract with a municipality, as set forth in the proviso of section five of article three of this act, the commission shall have exclusive power to determine, order, and prescribe, in ac- cordance with plans and specifications to be approved by it, the just and reasonable manner, including the particular point of cross- ing, in which the tracks or other facilities of any public service com- pany may be constructed across the tracks or other facilities of any other public service company at grade, or above or below grade, or at the same or different levels ; or in which the tracks or other facilities of any railroad corporation or street railway corporation may be con- structed across the tracks or other facilities of any other railroad corporation or street railway corporation, or across any public high- way, at grade, or above or below grade ; or in which any public high- way may be constructed across the tracks or other facilities of any railroad corporation or street railway corporation at grade, or above or below grade; and to determine, order, and prescribe the terms and conditions of installation and operation, maintenance and protection, of all such crossings which may now or hereafter be constructed, in- cluding the stationing of watchmen thereat, or the installation and fegulation of lights, block or other system of signaling, safety ap- 638 pliances, devices, or such other means or instrumentalities as may to the commission appear reasonable and necessary, — to the end, and purpose that accidents may be prevented and the safety of the public promoted. No such crossing shall be constructed without the ap- proval of the commission, evidenced by its "Certificate of Public Convenience," as provided in section five of article three of this act; but in no case shall the approval or consent of any court, board, or other commission or officer, or of any municipality, be necessary therefor. It shall be proper, however, for the commission, by general rult or order, whenever the same can be properly regulated by suit- able general rule, to prescribe the terms and conditions under which such crossing may be cohstructed, operated, maintained, or pro- tected, without the particular approval of the commission. The commission shall also have exclusive power, upon its own motion or upon complaint, and after hearing as hereinafter provided (of which all the parties in interest, including the owners of ad- jacent property, shall have due notice), to order any cfossing afore- said, now existing or hereafter constructed at grade, or at the same or different levels, to be relocated or altered, or to be abolished, ac- cording to plans and specifications to be approved, and upon just and reasonable terms and conditions to be prescribed, by the com- ' mission. In determining the plans and specifications for any crossing herein mentioned, the commission may lay out, establish, and open such new public highways as, in its opinion, may be necessary to connect said crossing with any existing highways or to make said crossing more available to public use; and may abandon or vacate such highways or portions of highways as, in the opinion of the commis- sion, may be rendered unnecessary for public use by the construc- tion, relocation, or abandonment of any of said crossings. The compensation for damages which the owners of adjacent prop- erty, taken, injured, or destroyed, may sustain in the construction, relocation, alteration, or abolition of any such crossing specified in this section (for which compensation the said owners are hereby in- vested with warrant of authority, upon appeal from the determina- tion of the commission, to sue the Commonwealth), shall, after due notice and hearing, be ascertained and determined by the commis- sion ; and such compensation, as well as the expense of the said con- struction, relocation, alteration, or abolition of any such crossing, shall be borne and paid, as hereinafter provided, by the public service company or companies or municipal corporations concerned, or by the Commonwealth, either severally or in such proper proportions as the commission may, after due notice and hearing in due course, determine, unless the said proportions are mutually agreed upon and paid by those interested as aforesaid. 699 In prescribing the terms and conditions upon which any such crossing may be constructed or relocated, or altered or abolished, and the proportionate contributions to the expense thereof, including the damages or compensation to the owners of adjacent property, as aforesaid, the commission may, among other things, take into con- sideration the relative importance to the public of the services ren- dered by the public service companies concerned, as well as the priority of location : Provided, That where any portion of the cost and expense thereof shall have been or shall be borne in the future by the Commonwealth or any municipal corporation, such portion shall not be taken into account by the commission in fixing any valuation, for any purpose, under any of the provisions of this act: And provided further. That where the order of the commission shall, as part of the regulation of the construction, relocation, alteration, or abolition of any crossing aforesaid, require, as incidental thereto, a relocation, changes in or the removal of any adjacent structures, equipment or other facilities of any telegraph, telephone, gas, electric- light, water-power, water pipe-line, or other public service company, said company shall, at its bwn expense, relocate, change, or remove such structures, equipment, or other facilities, in conformity with the order of the commission ; and, in default of compliance with such order, the commission shall cause the work and materials to be done and furnished in accordance with the said order, and may recovet the cost and expense thereof from the said public service company. Before the commission shall make any final order relative to the construction, relocation, alteration, or abolition of any crossing in- volving any public highway or street, an effort shall be made by the commission to reach an agreement with the proper officials of the municipal corporations concerned, determining the plans and speci- fications governing such crossings; and, in default of such agree- ment, the commission shall exercise the exclusive power, vested in it under this section, and shall finally determine and adopt the com- plete plans and specifications, and locate all lines and grades in said public highways and streets, and may permit the public service com- pany or companies, or the municipal corporation, to do the whole or any portion of the work in accordance therewith ; otherwise, the commission shall do the work by contract or contracts, to be awarded, after due advertisements, to the lowest responsible bidder, in ac- cordance with the said plans and specifications. The said contractor shall be authorized, in the name of the com- mission, to collect by due process of law from the public service com- pany or companies, or the said municipal corporations, or from the Commonwealth, either severally or proportionately, as may be de- termined by the commission, the^mount which may be justly due 640 him under the terms of his said contract with the commission ; and any amount so determined to be paid the said contractor by the Com- monwealth, as well as the amount of damages or compensation de- termined and awarded to be paid the owners of adjacent property, as aforesaid, shall in each instance be paid by the State Treasurer, on a warrant drawn by the Auditor General, upon the presentation to that officer of a statement setting forth the amount determined to be paid as aforesaid, duly certified by the commission ; said payment to be paid out of any funds specifically appropriated for such purpose, or generally appropriated for the improvement of the roads or highways of the Commonwealth ; and in case of a verdict and judgment thereon for the damages or compensation, recorded by any such adjacent property owners upon appeal, the same shall be paid out of any funds appropriated as aforesaid; and any court of common pleas hearing and determining said appeal is hereby authorized and em- powered to issue a writ of mandamus to said commission, the Auditor General, and the State Treasurer, or any of them, as the case may require, for the payment of such judgment. The commission shall have the right to recover, for and on be- half of the Commonwealth, by due process of law, as debts of like amount are now by law recoverable, from the public service com- pany or companies, or municipal corporations, in such amounts or proportions against each as may be determined by the commission, as aforesaid, the amount of the damages or compensation awarded to the owners of adjacent property by the commission, or by the court of the proper county on appeal, and the amounts so recovered shall be paid into the State Treasury for the improvement of the roads of the Commonwealth. Sec. 1, Act of July 17, 1917, P. L. 1025, amending Sec. 12, Art. V, Act of July 26, 1913, P. L. 1374. Ordinarily the term "municipal corporation" does not include a county. The first article of the Act of 1913, however, defines the term to include counties. 1500. WIDTH AND HEIGHT OF ROADWAY CROSSED ABOVE OR BELOW GRADE BY RAILROAD. In all cases where the railroad tracks of any company shall, for the purpose of avoiding or eliminating grade crossings, be so constructed as to cross any public highway above grade, by means of a bridge, viaduct, or any other structure, the abutments, piers, or other supports of such bridge Shall be so built as to maintain a minimum width on said highway of twenty-four feet in the clear, and so as to maintain a minimum height of fourteen feet in the clear; and that where any such railroad shall, for like purpose, cross any public highway be- low grade, the bridge or viaduct crossing such railroad shall have a 641 width of not less than twenty-four feet in the clear; and all rail- roads are hereby authorized and permitted to construct such piers, abutments, bridges, and viaducts as herein provided. Sec. 1, Act of June 10, 1911, P. L. 867. 1501. ACT NOT TO APPLY TO CITIES OR BOROUGHS. That the provisions of this act shall not apply to cities and boroughs. Sec. 2, Act of June 10, 1911, P. L. 867. (g) Protection of Roads. 1502. COUNTY ROAD CARETAKERS ESTABLISHED. POWERS AND AUTHORITY. The several persons appointed by the county commissioners of the several counties of this Common- wealth to inspect and repair public roads or highways, improved and maaintained as county roads, within their respective counties, shall be, and they are hereby, designated county road caretakers ; and the caretakers so appointed shall have all the power and authority now vested by law in the constables of the several cities, boroughs, and townships of this Commonwealth to keep the peace in and along the county roads of such county, and to enforce all laws regulating the speed of automobiles and other vehicles thereon, and to enforce all rules or regulations governing the use of such roads, and to make arrests therefor. Sec. 1, Act of May 3, 1917, P. L. 137. 1503. CARETAKERS NOT ENTITLED TO FINES OR PENALTIES. SAME TO BE PAID INTO COUNTY TREAS- URY. No such caretaker shall be entitled to any portion of any fine or penalty imposed upon any person or persons for any violations of any act of Assembly, or rule relating thereto ; but all such fines and penalties, when the proceeding is initiated by such caretaker, shall belong to and be paid into the county treasury, for the benefit of the respective county. Sec. 2, Act of May 3, 1917, P. L. 137. 1504. BADGE OF CARETAKERS. The county commissioners are hereby authorized and directed to furnish each of said caretakers, as an evidence of their authority, a badge having impressed thereon the words "Police _— County, Road Caretaker." Sec. 3, Act of May 3. 1917, P. L. 137. 41 642 1505. RULES FOR PROTECTION OF ROAD. PENALTY FOR VIOLATION. RECOVERY AND DISPOSAL OF PEN- ALTY. PROCEDURE FOR SUMMARY CONVICTION. PUB- LICATION OF RULES. For the purpose of preventing unreason- able Wear and destruction of public roads, improved and maintained by the several counties of the Commonwealth, the commissioners of any county are empowered to adopt and prescribe reasonable rules, regu- lating and restricting the use of said roads within such county by any means of locomotion, and to prescribe pecuniary penalties for the enforcement thereof. Any resident of any county, within which the violation of any rule so adopted shall occur, may institute and prosecute to judgment and execution an actioiii of assumpsit in any court having jurisdiction of such actions, and the amounts involved, for the recovery of any penalty for the violation of any rule pre- scribed by the commissioners; of which penalty the plaintiff shall be entitled to one-half, and the county shall be entitled to the other half, payable to the county treasurer, who shall add the same to the fund for the improvement of the said county roads. Any person found guilty of violiating any rule so adopted, upon summary hear- ing by any justice of the peace, or other magistrate having the juris- diction and powers of a justice of the peace in such matters, of the proper county, shall be adjudged by said magistrate to pay a fine of not less than five dollars or more than one hundred dollars, payable to the county treasurer, who shall add the same to the fund for the improvement of said county roads. From any judgment obtained for said penalty, and from said summary conviction, an appeal shall lie as provided by law. But all rules adopted by the county com- missioners, under this act, shall, before bedoming operative, be pub- lished once a week for three weeks in two newspapers of general circulation in the county to which the rules apply, and be recorded in the office of the recorder of deeds of said county. Sec 2, Act of May 11, 1911, P. L. 244. 1506. PENALTY FOR DESTROYING, ETC., INDEX BOARDS. On and after the passage of this act, it shall be unlaw- ful for any person to wilfully destroy, remove, injure, or deface any sign or index board, erected upon or near any public street, road, or bridge in this Commonwealth, by the authorities of any such [bor- ough, township, or] county therein ; or erected with the consent of the authorities having jurisdiction over such street, road, or bridge, by any club, association, or other organized body; for the direction, guidance, or safety of travellers ; and any person violating this act shall be deemed guilty of a misdemeanor, and shall forfeit and pay 643 a fine of npt less than ten dollars nor more than twentj-fiTe dollars, with all costs of prosecution, together with the value of such sign «o destroyed, removed, or defaced, and, in default of payment of said fine, costs, and expenses, shall undergo an imprisonment, in the jail ot the proper county, for a period of not less than five, nor more than sixty days, at the discretion of the court. Sec. 1, Act of April 23, 1909, P. L. 171, No. 122. 1507. WHAT SIGNS TO BE WITHIN PROVISIONS OF ACT. Any and all such signs, of wood, metal, or other substance, aifixed to trees or posts in or upon any highways, properly erected in such manner that they do not interfere with travel ; or upon fences, > telegraph, telephone, trolley or other poles, with the permission of the owners thereof ; or upon private grounds where consent has been obtained from the owners and tenants thereof, and nearby public roads, shall be deemed to be within the provisions of this act. Sec. 2, Aot of April 23, 1909, P. L. 171, No. 122. (h) Miscellaneous Provisions. 1508. PARTIES MAKING APPLICATION FOR NEW ROAD TO NOTIFY LOCAL ROAD AUTHORITIES. FAILURE TO ■ DO SO TO BE GROUND FOR APPLICATION TO SET ASIDE PROCEEDINGS. In all cases wherein any proceedings are about to be had before any county commissioners or courts of this Com- monwealth, by petition to the said courts or commissioners, looking to the laying out, opening and construction of new roads for public use, it shall be the duty of the parties making application to the commissioners or to the courts for the appointment of viewers, re- viewers or re-reviewers to lay out, open or construct such i public road, to give written notice of such application to the supervisors or commissioners of roads and highways of the territory through which the proposed public road is designed to be laid out and constructed, of the time and place of such application, and of the time and place of the meeting of viewers, reviewers or re-reviewers, and a copy of said written notice, properly attested, shall be filed among the records of the court having cognizance of the matter; and a failure to comply with the provisions of this act, as to such notice, shall be sufficient grounds for an application to set aside whatever proceed- ings may have been taken of which said supervisors or commis- sioners of roads and highways had no written notice. Sec. 1, Act of March 29, 1905, P. L. 69, amending Sec. 1, Act of May 2, 1899, P. L. 176, No. IIS. 644 1509. ESTABLISHMENT OF BOUNDARY LINES OF ROAD. In all cases where public roads in this Commonwealth have been or may hereafter be laid out by viewers, and the report of such viewers has been or may hereafter be confirmed by the court, accord- ing to law, the width thereof fixed and ordered to be opened, and the same has been or may hereafter be opened, with the roadbed or track thereof traveled by the public located within the lines of such road as originally laid out, such lines shall be and remain the boundary lines of such road, unless the location of such road has been or may be changed by due course of law. Sec. 1, Act of June 19, 1901, P. L. 573, No. 380. 1510. UNLAWFUL TO RAISE HIGHWAY ABOVE ORDI- NARY GRADE WHEN DRAIN OR CULVERT IS CON- STRUCTED UNDER SAME. Hereafter, in the construction or repair of any highway, it shall be unlawful for the person or persons in charge of such construction or repair, to raise such highway, or permit the same to be raised or elevated, above the ordinary grade thereof, when a drain or culvert shall be constructed under such highway, or when such highway shall be constructed or repaired over such drain or culvert : Provided, however. That this act shall not be construed, in any manner, to interfere with the work of the State Highway Department in the reconstruction or improvement of any State Highway or State-aid highway, or when a township or townships may be improving a township road under the direction, plans, and specifications of the State Highway Department. Sec. 1, Act of June 15, 1911, P. L. 982. Repealed as to township roads by the Act of July 14, 1917, P. L. 988. 1511. ON AGREEMENT WITH PROPERTY OWNERS AS TO DAMAGES COUNTY MAY, IN CERTAIN CASES, CHANGE OR ALTER PART OF PUBLIC ROAD WITHOUT FORMALITY OF VIEW. APPROVAL OF QUARTER SES- SIONS. Whenever the proper authorities of any county [or bor- ough, or the supervisors or commissioners or other legally consti- tuted road authorities of any township or townships,] deem it ad- visable to construct, change or alter any part of any public road un- der their supervision, within this Commonwealth, and can agree with the property owners affected by such change as to damages, they— the said county [or borough] authorities, [or township super- visors or commissioners, or other legally constituted road authori- ties] — are hereby authorized, upon payment of damages agreed upon, to change or alter such part of such public road as contem- plated in such agreement, without the formality of a view as hereto- 645 fore provided by law: Provided, That this authority shall not ex- tend to any change, or alteration of any pfert of any public road in this Commonwealth, the costs and expenses of which, to such county, [borough, or township,] including damages, shall exceed three hun- dred dollars : And provided further. That a petition setting forth the facts, accompanied by a map or draft of such proposed change, shall be presented to the court of quarter sessions 'for approval before such actual change is made; whereupon the new location, thus ap- proved by the court, shall be taken and deemed to be the public road to all intents and purposes, and the old location shall be taken and deemed to be vacated. Sec. 1, Act of July 11, 1917, P. L. 777, No. 293, amending Sec. 1, Act of May 5, 1911, P. L. 123. The Act of May 5, 1911, P. L. 123, which the above act amends was repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 985. 1512. COMPENSATION OF VIEWERS, SURVEYORS AND ARTISTS. PROCEDURE IN PAYING AND SECURING SAME. From and after the passage of this act, the pay of viewers, leviewers and re^reviewers of roads and bridges, [commissioners of roads, and of commissioners appointed to divide townships and run township "lines, and to divide boroughs into wards, and townships into election districts, and to establish or re-establish township di- vision lines] in the several counties of this Commonwealth, shall be three dollars ($3.00), and the pay of surveyors or artists, for that purpose, shall be five dollars ($5.00), for every day necessarily em- ployed in the duties of their office, and five cents per mile for each mile necessary traveled in the discharge of their duties. And the same shall be paid by the proper county in all cases, at the time of the session or term of court to which their report is rendered and filed, and the petitioners asking for their appointment shall pay the same amount into the county treasury in all such cases as the court by order may direct; and the court shall require said petitioners to file a bond, together with their petition, in a sufficient sum to, secure the payment of the same, when the same is concluded. Sec. 1, Act of April 4, 1907, P. U 44, No. 41. The provisions of this section relating to the compensation of viewers and reviewers is supplied by Sec. 173 above. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 979. 1513. COUNTIES MAY PAY STATE TAX ON BONDS IS- SUED FOR PURPOSE OF PERMANENTLY IMPROVING ROADS UNDER EXISTING LAWS. It shall be lawful for any county of this Commonwealth, in addition to the rate of interest 646 which is now or may hereafter be fixed by law, to pay any State tax levied or assessed against any bonds said county may hereafter issue for the purpose of permanently improving, under existing law, any public road or highway in said county. Sec. 1, Act of June 7, 1911, P. L. 668, No. 2S9. 645^ CHAPTER XVI. MAIN OR TRUNK SANITARY SEWERS AND SEWAGE-DISPOSAL PLANTS. 1514. CONSTRUCTION AND MAINTENANCE AUTHOR- IZED. TO BE COUNTY IMPROVEMENTS AND TO BE MAINTAINED, OPERATED AND REPAIRED AS SUCH. EXPENSES TO BE PAID BY COUNTY. The several counties of this Commonwealth shall have the power, and they are hereby authorized, whenever the commissioners, or a majority of them, shall, by resolution duly adopted, deem it expedient so to do, — and upon approval thereof by a grand jury and by the court of quarter sessions as hereinafter provided, — to construct and maintain main, or trunk, sanitary sewers, and sewerage-disposal plants, under the provisions of this act; and any such main, or trunk, sewers, or dis- posal plants, constructed under the provisions of this act, shall for- ever thereafter be county sewers and disposal plants ; and the duty of maintaining, operating and keeping the same in repair shall de- volve upon the county, and the expense thereof shall be paid by the county as hereinafter provided. Sec. 1, Act of June 5, 191S, P. L. 852. 1515. ESTABLISHMENT OF SEWER DISTRICTS. AP- POINTMENT OF AND PROCEEDINGS BY AND BEFORE VIEWERS. The several, courts of quarter sessions of this Com- monwealth shall have authority, within their respective counties, to establish sewer districts in their several counties, or to decree that the said county shall form one or more sewerage districts, having re- spect to the topography of the county and the course of natural drainage, upon application of the county commissioners, or upon petition of fifty freeholders resident in the locality for which a sewer district is prayed for; and upon the presentation of such petition, the court shall appoint three viewers — for whom the county engineer shall act as artist — to inquire into the propriety of granting the prayer of the petition, whose duty shall be to investigate, the same, and make a plan or draft showing the boundaries" of sewer districts formed, and report at a date to be fixed by said court; at which time, or any subsequent time to which said return day may be extended by the court, said report shall be filed and confirmed nisi by the court; and notice of said filing, and that exceptions may be filed to 648 said report within thirty days after said confirmation nisi, shall be published in one or more newspapers of the county, as the court may designate, once a week for four weeks ; and if exceptions be filed upon hearing thereof, said court may modify or change' said report, or readjust the boundary lines thereof, or refer the same back to the same or other viewers; and if no sufficient cause be shown to the contrary, said report shall be approved absolutely, and said district or districts so formed shall comprise separate sewerage districts of said county, and be designated by number. Sec. 2, Act of June S, 1915, P. L. 852. 1516. PROCEDURE TO OBTAIN APPROVAL OF QUAR- TER SESSIONS AND GRAND JURY. SURVEYS AND PLANS. REBATES TO MUNICIPALITIES IN CERTAIN CASES. AMOUNT HOW DETERMINED. Whenever the com- missioners of any county of this Commonwealth shall resolve to con- struct any such main, or trunk, sewers, or sewerage-disposal plants, in accordance with the provisions of this act, they shall cause to be prepared surveys and plans of such main, or trunk, sewers, or dis- posal-plants, showing the location, termini, size, depth, and type of construction of such sewer or sewers and the location, size and type of construction of such disposal-plants; together with the properties, and the names of the owners thereof, through which said sewer on sewers extend, or upon which the same abuts ; and the properties and names of the owners of the land upon which such disposal plants are to be located, or upon which the same abuts ; together with an estimate of the cost and expense of the same. The plans and esti- mates shall show the location and capacity of any main, or trunk, sanitary sewer or sewers, or sewerage-disposal plant, either com- pleted or in course of construction, together with the cost or probable cost thereof. The estimates shall provide for, and make, such al- lowance or rebate to the municipality or municipalities which shall haye paid, assumed, or contracted for the cost of such main, or trunk, sanitary sewer or sewers, or disposal-plants, as shall be agreed upon between the county and the municipaUty or municipalities interested ; and, in the event of failure so to agree, the allowance or rebate shall be determined by the court of common pleas of the proper county, upon application of either party. The county commissioners shall, thereupon, present such surveys, plans and estimates, or a copy thereof, together with their petition, to the court of quarter sessions of the county ; and, upon filing thereof, the court shall direct notice to be given of the same, substantially describing the line of the pro- posed sewer or sewers, and the location of the proposed disposal- plants by publication, at least once a week for three consecutive weeks, in at least two newspapers of general circulation, published 649 in the county wherein said proposed sewers or disposal plants are to be made or constructed, and of the time when said application will be laid before the grand jury; and, after publication as aforesaid, the said court shall cause the said application to be laid before the grand jury, when in session; and if a majority of said grand jviry, after a full investigation of the matter by the grand jury, shall approve of the same, they shall certify their approval to the court; whereupon the court shall fix such time for filing exceptions to said proceedings as the court shall deem proper, and upon hearing thereof the said court may, for a cause shown, disallow such application; but, if no sufificient cause be shown to the contrary, said application shall be approved; and said court shall, thereupon, order that said sewers or sewerage-disposal plants shall be made and constructed in accordance with the plans and surveys accompanying the said application; and thereupon the location of such sewers and sewerage-disposal plants shall remain absolute. Sec. 3, Act of June S, 1915, P. L. 852. 1517. SIZE OF SEWER. NOTICE OF APPLICATION TO MUNICIPAL AUTHORITIES. RIGHT OF SUCH AUTHORI- TIES TO BE HEARD. CONCLUSIVE FINDINGS AS TO SIZE. All main, or trunk, sewers constructed under this act shall be of sufificient size and extent so that it shall not be burdensome upon any city, borough or township which is wholly or partly within the sewer district in which said main, or trunk, sewer is constructed, to connect its lateral sewers with said main or trunk, sewer, con- structed under the provisions of this act; and a copy of the notice provided for under section three of this act shall be served upon the mayor, biirgess, commissioners or supervisors of such city, borough or township forming any part of such sewer district, ten days before said application shall be laid before the grand jury; and any such city, borough or township shall have a right to be heard by said grand jury, and to file exceptions to said proceedings ; and the ap- proval of said application by the -grand jury and by the court, shall be a conclusive finding that the said main sewers, proposed to be constructed under said proceeding, are of sufficient size and extent, so that the connection thereto by any such city, borough or town- ship will not be burdensome upon said city, borough or township. Sec. 17, 1 Act of June 5, 1915, P. L. 852. 1518. PLANS AND SPECIFICATIONS TO BE SUBMITTED TO AND APPROVED BY STATE DEPARTMENT OF HEALTH BEFORE PRESENTATION TO COURT AND GRAND JURY, After such plans and specifications have been pre- pared bysaid county commissioners, and before presentation thereof 650 to the court or grand jury, as' provided for in section three of this act, they shall be submitted to the State Department of Health; and approval by said State Department of Health of the same shall be first had in accordance with the act of Assembly of April twenty- second, one thousand nine hundred and five, entitled "An act to preserve the purity of the waters of the State, for the protection of the public'health." Sec. 4, Act of June S, 1915, P. L. 852. 1519. RIGHT OF ENTRY ON PRIVATE OR PUBLIC PROP- ERTY TO MAKE PRELIMINARY SURVEYS, ETC. For the purpose of making all necessary preliminary surveys, in order to prepare such plans, surveys and estimates, the commissioners of the several counties of this Commonwealth, and the persons by them em- ployed for such purposes, shall, and are hereby given the right to, enter upon private or public property and designate, by proper marks upon the ground, the line or location of any sewer or dis- posal-plant, proposed to be made and constructed under and for the purpose authorized in this act. Sec. 5, Act of June 5, 1915, P. L. 852. 1520. AGREEMENT WITH PARTIES INTERESTED ON DAMAGES TO PROPERTY. APPROVAL OF COURT. PAY- MENT. When said application, surveys and plans shall have been finally approved by such court, and said sewer or disposal-plant ordered to be constructed as aforesaid, the said , county commis- sioners, or a majority of them, shall endeavor to agree with the per- sons or parties interested in the properties affected thereby, as to the damages, if any, sustained or which seem likely to be sustained, by reason of the taking, injuring, or destroying such property; and upon agreement being made, the said commissioners shall report the same to such court, showig the amount of damages agreed to be paid and,^ the names of the persons or parties to whom the same are pay- able ; and upon the approval thereof by such court, the said daihages shall be payable by said commissioners out of the moneys specifically raised for such purposes in the manner hereinafter provided. Sec. 6, Act of June 5, 1915, P. L. 852. 1521. IF DAMAGES CANNOT BE AGREED ON, COMMON PLEAS TO APPOINT VIEWERS AND FIX TIME FOR VIEW. NOTICE OF MEETING OF VIEWERS. In case the said commissioners, or a majority of them, and the parties interested in the land upon which such sewers or disposal-plants, shall, or are to be, made and constructed as aforesaid, fail to agree upon the com- 651 pensation to be made for the property so taken, injured, or destroyed by reason of such sewer or di§posal-plant ; then, upon petition of such commissioners, or a majority of them, or any person or parties inter- ested in said proposed sewer, or disposal-plant, and whose property or land is affected thereby, to a court of common pleas of said county, the said court of common pleas shall appoint three disin- terested viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet upon the line of the proposed sewers or disposal-plants and view the same and the properties affected thereby. The said viewers shall give at least ten days' notice by publication in the newspapers aforesaid, of the time and place of their first meeting, and shall also give notice thereof by handbills posted in conspicuous places along the line of in the vicinity of the said sewers or disposal-plants. Sec. 7, Act of June 5, 1915, P. L. 852. 1522. PROCEEDINGS BY AND BEFORE VIEWERS. The said viewers, having been sworn or affirmed faithfully, justly and impartially to decide and true report make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire under the provisions of this act; and, having viewed the properties connected with and affected by the said pro- posed sewers or disposal-plants, shall hear all parties interested and their witnesses; and, having due regard to the advantages and dis- advantages, shall estimate and determine the darrtages, if any, for the property taken, used, or appropriated, and to whom the same are payable; they shall give at least ten days' notice thereof, in the manner herein provided, to all parties interested, of the time and place when said viewers will meet and exhibit their report and hear any exceptions thereto; after making whatever changes are deemed necessary and proper, said viewers shall make report to the said court, showing the damages, if any, allowed ; and file therewith a plan showing the properties acquired, taken, used, and appropriated for the purposes aforesaid, and the names of the persons or parties to v/hom such damages. are payable. The said viewers shall have the right to adjourn from day to day, as may be found necessary, and to administer oaths to all {iarties and witnesses appearing before them and desiring to be heard upon all matters connected with the con- struction, maintenance and operation of such sewers or disposal- plants. . Sec. 8, Act of June S. 1915, P. L. 852. 652 1523. DAMAGES AND COSTS OF MAINTENANCE AND REPAIR TO BE PAID FROM FUND RAISED BY TAXATION. All damages found, awarded, or sustained for, or on account of, the construction and operation of such sewers, or disposal-plants, under the provisions of this act, and all cost and expense thereafter in- curred in repairing and maintaining the same, shall be paid from the funds raised by taxation, as hereinafter provided and authorized. Sec. 9, Act of June 5, 1915, P. L. 852. 1524. TIME OF APPOINTMENT OF VIEWERS. COSTS OF VIEWERS AND COURT COSTS TO BE PAID BY COUNTY. The viewers provided for in the foregoing sections may be appointed before, or at any time after, the entry, taking, appro- priation, or injury of any private property used and acquired in the construction of such sewers or disposal plants. The cost of the said viewers, and of court charges incurred, including all advertising and notices, shall be paid by the said county. Sec. 10, Act of June 5, 1915, P. L. 852. 1525. RIGHT TO EXCEPTIONS AND APPEALS. QUORUM OF VIEWERS. Upon the report of said viewers, or a majority of them, being filed in said court, any party in interest may, within thirty days thereafter, file exceptions to the same; and the court shall have the power to confirm said report, or to modify, change or otherwise correct and amend the same, or refer the same back to the same or new viewers, with like power as to their report; or, with- in thirty days after the filing of any report in court, the county com- missioners, on behalf of the county or any party whose property is taken, injured, or destroyed, may appeal therefrom and demand a trial by jury; and any party so interested may, within thirty days after final decree and confirmation of said report by said court, have an appeal to the Supreme or Superior Court. That said court of com- mon pleas shall have power to order and direct what notices shall be given in connection with any part of said proceedings, and make such orders as it may deem requisite in the premises. For the pur- poses of this act it shall be lawful for the majority of said board of viewers to hear, determine, pass upon and report all matters in this act relating to said viewers ; but all said viewers shall act unless pre- vented by sickness or other inavoidable cause. Sec. 11, Act of June S, 1915, P. L. 852. 1526. PROPOSALS FOR BIDS AND AWARDING CON- TRACTS FOR MAKING AND CONSTRUCTING. BOND FOR FAITHFUL PERFORMANCE. SURETIES. After said sur- veys and plans and the aforesaid application to the court of quarter 653 sessions shall have been approved by the court, and the said sewers or disposal-plants, as decreed by said court, ordered to be made and constructed in accordance therewith, the commissioners, or a ma- jority of them, of the respective counties wherein the said sewers or disposal plants are made or to be made and constructed, shall in- vite proposals for the making and constructing of the same, by pub- lication in at least two newspapers of general circulation published in said county ; or, if no newspapers be published in Said county, then in a newspaper or newspapers published in the county adjoining, once a week for four consecutive weeks, fixing a time therein when such proposals will be opened and the contracts therefor awarded ; in addition to the notices so ordered to be given by publication, there shall be posted, in the office of the said commissioners of the re- spective counties, like notice as those now given, inviting proposals for the construction and repair of public roads and bridges; the con- tract, as aforesaid, shall be awarded by the said county commis- sioners, or a majority of them, to the lowest responsible bidder. No contract shall be awarded for any of said sewers or disposal-plants until proper bonds shall be given for the faithful performance thereof, by the person or persons to whom the same shall be awarded, with proper security to be approved by said commissioners, or a majority of them. Any incorporated company doing business within any of said counties, authorized by law to be surety for persons or cor- pora:tions, may be taken and accepted as surety upon the bonds herein required to be given. Sec. 12, Act of Jun? S, 1915, P. L. 852. 1527. PLANS AND ESTIMATES FOR REPAIR AND MAIN- TENANCE. PROPOSALS FOR BIDS AND AWARDING OF CONTRACTS FOR SAME. Said commissioners shall have pre- pared plans and estimates, as often as required, for the repair and maintenance of all county sewers or disposal-plants which may here- after be constructed under the provisions of this act, and become county sewers or disposal plants in their respective counties; they shall invite proposals for the repairing and maintenance of such sewer or disposal-plants, or parts thereof, in accordance with such plans and estimates, and award the contract therefor in like manner as contracts for new sewers and disposal-plants. Sec. 13, Act of June 5, 1915, P. L. 852. 1528. EMPLOYMENT OF PERSONS TO PREPARE SUR- VEYS, PLANS AND ESTIMATES, ETC. COMPENSATION. For the purpose of performing all necessary duties relating to the construction and repairs of county sewers and disposal-plants, herein authorized, the said county commissioners, or a majority of them, of 654 the several counties of this Commonwealth, are hereby authorized to emplpy or appoint proper persons to prepare such surveys, plans and estimates, and do all necessary and proper work connected there- with, and shall fix the compensation of all persons so employed. Sec. 14, Act of June 5, 1915, P. L. 852. 1529. TAX LEVY TO PROVIDE FUND FROM WHICH TO PAY COSTS, DAMAGES, ETC., WHERE WHOLE COUNTY IS ONE SEWER DISTRICT AND WHERE THERE IS MORE THAN ONE DISTRICT, PAYMENTS FROM FUND. The said commissioners, or a majority of them, of the several counties of this Commonwealth, are hereby authorized to levy, assess and collect an annual tax of not more than two mills upon the dollar upon all real and personal property within said county, now or hereafter taxable lor county purposes, where the court has decreed th^t the entire county shall form one sewer district, for the purpose of ac- quiring and securing a fund from which to pay all costs, damages, and expenses required in the locating, construction, maintaining, re- pairing and operating of such county sewers of disposal plants, made or constructed under the provisions of this act, and for taking, using and enjoying of such land as may be necessary in constructing same; and the money so raised shall not be used, or expended, for any other purpose than that named in this section. Where one or more sewer districts has been formed by the court, under the provisions of this act, in any county, and the county does not comprise one entire sewer district, and county sewers or disposal plants are constructed, under the provisions of this act, to accommodate a particular sewer district of said county, the said commissioners, or a majority of them, of such counties are hereby authorized to have prepared separate copies of the assessed value, for CQUnty purposes, of the properties located within the sewer district wherein, or for whose use, such sewer or disposal-plant has been constructed ; and to levy, assess and collect an annual tax of not more than two mills upon the dollar upon all real and personal property within said sewer district, now or hereafter taxable for county purposes, for the purpose of acquiring and secur- ing a fund from which to pay all costs, damages and expenses re- quired in the locating, constructing, maintaining, and operating of such county sewer or disposal-plant, in, or for the benefit of, said sewer district; and the money so raised shall not be used, or ex- pended, for any other purpose than that named in this section, and shall not be expended or used for any other sewer district. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued by the said commissioners, or a majority of them, in the manner now provided by law in the several 655 counties, upon estimates which shall be made from time to time, by the person charged with such duty ; and the amount, and time within which the same shall be paid, shall be fixed and determined in the contract made for the public work herein authorized. Sec. IS, Act of June S, 1915, P. L. 852. 1530. CONSENT OF MUNICIPALITIES TO ENTER ON HIGHWAYS. Should any board of county commissioners, in the exercise of the powers herein conferred, deem it necessary or ad-^ visable to enter upon a highway or highways in any city, borough, or township for the purpose of constructing or maintaining any such main, or trunk, sewer or sewers, or disposal plants, the consent thereto of such city, borough, or township shall first be had and ob- tained. Sec. 16, Act of June 5, 1915, P. L. 852. 1531. RIGHT OF MUNICIPALITIES TO FREE SEWER CONNECTIONS. SAME TO BE MADE UNDER SUPER- VISION OF COUNTY ENGINEER, ETC. After the construc- tion of such main, or trunk, sewer, any city, borough or township shall have the right, free of charge, to connect with said main, or trunk, sewer, by laterals, all sanitary sewerage of the sewer district in which said main, or trunk, sewer, is located, or for the use of which the same has been constructed; but all such connections shall be made under the supervision of the county engineer, and in the man- ner prescribed by the county commissioners. Sec. 18, Act of June S, 1915, P. L. 852. 1532. RIGHT OF ABUTTING PROPERTY OWNER TO CONNECT. TO BE DONE UNDER SUPERVISION OF COUNTY ENGINEER, ETC. Any owner of property abutting on said main, or trunk, sewer, shall have the right free of charge, to con- nect, by lateral sewers, all sanitary sewerage of his said property within said sewer district ; but such connections shall be made under the supervision of the county engineer, and in the manner pre- scribed by the county commissioners., Sec. 19, Act of June 5, 1915, P. L. 852. 1533. APPORTIONMENT OF COSTS AND EXPENSES, WHERE MORE THAN ONE DISTRICT USES SAME MAIN OR DISPOSAL PLANT. PRE-REQUISITES TO TAXATION. Wherever any main, or trunk, sewer, or portion thereof, or sewerage- disposal plant, constructed under the provisions of this act, is used for the carrying or disposal of sewerage from two or more sewer districts, the cost, damages and expenses of locating, constructing, 656 maintaining, repairing and operating the same shall be borne by all sewer districts so using said main sewer, or portion thereof, or dis- posal plant, in proportion to their annual assessed taxable valuation for county purposes; but no sewer district shall be taxed for any main, or trunk, sewer, or portion thereof, or disposal plant, until said district has been accommodated with a main, or trunk, sewer, con- structed under the provisions of this act, so that connections there- with can be made in said sewer districts without expenses burden- some upon cities, boroughs or townships forming said sewer district. Sec. 20, Act of June 5, 1915, P. L. 852. 1534. USE OF MUNICIPAL MAINS UNDER CONTRACT WITH MUNICIPALITY, SUBJECT TO APPROVAL OF COURT. Whenever, in the location or construction of any such county sewers, it shall be deemed desirable to connect with and use any main, or trunk, sewer, or portion thereof, of any city, borough or township, it shall be lawful for the commissioners of the county, sub- ject to the approval of the court of quarter sessions, to agree with such city, borough, or township for the use and repair and main- tenance of such sewer, or sewers, or portions thereof, and what com- pensation shall be paid therefore, or in what proportions the cost of maintenance and repairs shall be borne. Sec. 21, Act of June 5, 1915, P. L. 852. CHAPTER XVII. LIBRARIES. (a) Free, Public, Nonsectarian. 1535. TERM "MUNICIPALITY" TO INCLUDE A COUNTY. The term "municipality," wherever used in this act, shall be inter- preted as meaning any county, [city, borough, town, or township, as the case may be, but shall not be interpreted as meaning school dis- trict.] Sec. 1, Act of July 20, 1917, P. L. 1143. 1536. TERM "MUNICIPAL AUTHORITIES" TO INCLUDE COUNTY COMMISSIONERS. The term "municipal authorities," wherever used in this act, shall be interpreted as meaning [the mayor and council of any city, the burgess and council of any borough or town, the supervisors of any township, or] the commissioners of any county, as the case may be. Sec. 2, Act of July 20, 1917, P. L. 1143. 1537. APPROPRIATIONS AND SPECIAL TAX LEVIES TO ESTABLISH AND MAINTAIN A LIBRARY AUTHORIZED. LIMIT OF APPROPRIATION. Any municipality may make ap- propriations to establish or maintain, or both, a free, public, nonsec- tarian library, for the use of the residents of such municipality. The appropriations for maintenance shall not exceed two mills on the dol- lar on all taxable property, annually. Special taxes for these pur- poses may be levied on the taxable property of the municipality, or ''the same may be levied and collected with the general taxes. Sec. 3, Act of July 20, 1917, P. L. 1143. 1538. SUBMISSION TO ELECTORS OF QUESTION ON ES- TABLISHING AND MAINTAINING LIBRARY, AND ESTAB- LISHING ANNUAL TAX. The municipal authorities of any municipality may submit to the qualified electors of such munici- pality, at any election, the question of establishing or maintaining, or both, a free, public, nonsectarian library, and must submit such ques- tion, if pietitioned for by three per centum of the voters, at the next preceding general election. At such election the question of estab- 42 658 lishing an annual tax at a certain rate, not exceeding two mills on the dollar, on all taxable property of the municipality, shall be submitted and voted upon. Sec. 4, Act of July 20, 1917, P. L. 1143. 1539. IF VOTE IS IN FAVOR OF ESTABLISHING TAX, COMMISSIONERS TO LEVY AND COLLECT TAX AND AP- POINT BOARD OF LIBRARY DIRECTORS. BOARD TO HAVE EXCLUSIVE CONTROL. If the majority of votes cast upon this question shall be in favor of establishing such tax rate, the municipal authorities, at the first meeting following the official an- nouncement of the result of such election, shall take the necessary steps to levy and collect the tax so levied, and shall appoint a board of library directors as provided in section nine of this act. Said board shall have exclusive control of the library so established or maintained, or both, and shall be governed as provided in other sec- tions of this act. i ' ' Sec. S, Act of July 20, 1917, P. L. 1143. 1540. TAX RATE, COLLECTION, ETC. INCREASE OF TAX RATE WITHOUT SUBMISSION TO ELECTORS. MONEYS RAISED TO BE UNDER EXCLUSIVE CONTROL OF BOARD. The rate of tax so voted shall be an annual tax rate until another vote is taken changing the same : Provided, That the municipal authorities may increase said rate, not to exceed two mills on the dollar, on all taxable property of the municipality, without submitting the question to a vote. The tax shall be levied and col- lected in like manner as other taxes in the municipality, and shall be in addition to all other taxes, and shall be used for no other purpose than that of establishing or maintaining, or both,. a free, public library. The money so raised, shall be under the exclusive control of the board of library directors provided in section nine of this act. Sec. 6, Act of July 20, 1917, P. L. 1143. 1541. MONEYS RAISED BY POPULAR SUBSCRIPTIONS TO BE ACCEPTED BY COMMISSIONERS. RESTRICTIONS AND LIMITATIONS. PAYMENT AND COLLECTION. If the residents of any municipality shall raise by popular subscription a sum equal to or exceeding the gross amount of a two-mill tax on all taxable property in the municipality, and shall offer the sum so sub- scribed to the municipality for the purpose of establishing a free, public, nonsectarian library, said sum shall be accepted by the muni- cipal authorities, and shall be used for the sole purpose of establish- ing such library; provided, not more than two per centum of the said sum shall be subscribed by one individual or firm. Said sub- 659 scription may be made payable in four quarterly payments, and shall be in such form as to be collectible by legal process if necessary. Sec. 7. Act of July 20, 1917, P. L. 1143. 1542. SUM SUBSCRIBED TO BE UNDER CONTROL OF BOARD OF LIBRARY DIRECTORS. TAX LEVY FOR MAIN- TENANCE. In case of the establishment of a free, public, non- sectarian library under the provisions of section seven of this act, the municipal authorities shall immediately place the sum so subscribed under the control of a board of library directors, appointed as pro- vided in section nine of this act, and proceed to levy and collect a tax at the annual rate of not less than one-half mill nor more than two mills on the dollar on all taxable property in the municipality, for the purpose of maintaining the library so established. Sec. 8, Act of July 20, 1917, P. L. 1143. 1543. ESTABLISHMENT OF BOARD OF LIBRARY DIREC- TORS. MEMBERSHIP. APPOINTMENTS. TERMS. VACANCIES. MEMBERS TO RECEIVE NO COMPENSA- TION. The affairs of all public libraries established or maintained, or both, under the provisions of the preceding sections of this act, shall be under the exclusive control of a board of library directors, to be composed of not less than five nor more than seven members, as may be decided by tlje municipal authorities, vsrho shall appoint the members and fill any vacancies occurring from any cause. The first appointees shall be appointed as nearly as may be, — one-third for one year, one-third for two years, and one-third for three years. All ap- pointments to fill the places of those whose terms expire shall be for a term of three years. Vacancies shall be filled for the unexpired , terms. No member of this board shall receive any salary for his services as such. Sec. 9, Act of July 20, 1917, P. L. 1143. 1544. ORGANIZATION OF BOARD. TREASURER TO GIVE BOND. The board of library directors shall organize as soon as may be after appointment, by the election of a president, a secre- tary, and a treasurer from its membership, and such other officers and agents as the board may deem necessary. The treasurer shall give bond to the municipality, with satisfactory surety, in such amount as the board may determine. Sec. lOi Act of July 20, 1917, P. L. 1143. 1545. JOINT ACTION WITH OTHER MUNICIPALITIES AUTHORIZED. Two or more municipalities may unite in estab- lishing or maintaining, or both, a free library, lender the terms of an 660 agreement entered into between them. Said agreement shall be in writing, and shall set forth the purpose, the terms as to support and control, and the conditions under which the agreement shall be altered or terminated. Said agreement shall not be valid until it has been accepted by a majority vote of the municipal authorities of each of the municipalities agreeing thereto, and signed by the proper of- ficer of each of said municipalities. Sec. 11, Act of July 20, 1917, P. L. 1143. 1546. COUNTY MAY MAKE APPROPRIATIONS WITHIN CERTAIN LIMITS TO LIBRARY NOT ESTABLISHED UN- DER THIS ACT. COMMISSIONERS TO BE REPRESENTED ON BOARD OF CONTROL. Any municipality may make appro- priations, not to exceed two mills on the dollar on all taxable prop- erty in the municipality, to maintain or aid in the maintenance of a free library established otherwise than under the provisions of sec- tions three, four, and seven of this act: Provided, That the muni- cipal authorities shall be represented by two members of the board having control of the affairs of said library. Sec. 12, Act of July 20, 1917, P. L. 1143. 1547. CONTRACTS FOR USE OF EXISTING LIBRARY. Any municipality may contract with the managers or owners of any existing nonsectarian library for the free use of such library by the residents of such municipality, whether said library is located in the same or in another municipality. The term of such contract shall be three years, but it may be renewable as therein provided. Sec. 13, Act of July 20, 1917, P. L. 1143. 1548. APPROPRIATIONS FOR USE OF EXISTING LIBRARY. The municipality may appropriate annually, from the tExes levied and collected for municipal purposes, an amount not to exceed two mills on the dollar on all taxable property in the muni- cipality, for the purpose specified in section thirteen of this act. Sec. 14, Act of July 20, 1917, P. L. 1143. 1549. COUNTY COMMISSIONERS MAY EXEMPT PROP- ERTY ALREADY LEVIED ON FOR LIBRARY PURPOSES. MUNICIPALITY MAY JOIN WITH COUNTY, AND TAX BE LEVIED BY COUNTY. When the county commissioners of any county levy a tax for the purpose of establishing or maintaining, or both, a free, public, nonsectarian library, they are hereby authorized to exempt from said levy all taxable property in any municipality which is already levying a tax for the purpose of maintaining a free library : Provided, however, That the municipal authorities of such 661 municipality may elect to join with the county in establishing or maintaining, or both, such library; in which case the taxable prop- erty in such municipality shall be included in such tax levy by the county commissioners, and the free library in such municipality shall become a part of the county library system and be supported from the tax for maintaining the county library. Sec. 15, Act of July 20, 1917, P. L. 1143. 1550. ALL MONEYS APPROPRIATED, ETC., FOR LI- BRARY TO BE UNDER EXCLUSIVE CONTROL OF AND BE DISBURSED BY BOARD OF LIBRARY DIRECTORS. RE- FORTS OF BOARD. AUDIT ©^ACCOUNTS OF TREAS- URER OF BOARD. All moneys appropriated for the establishment or maintenance, or both, of a free, public, nonsectarjan library, and all moneys, if any, received from other sources for its use, shall be under the exclusive control and shall be disbursed under the direction of the board of library directors, who shall make an annual report to the proper municipal authorities. The accounts of the treasurer of the board of library directors shall be audited as in the case of other municipal expenditures. Sec. 16, Act of July 20, 1917, P. L. 1143. 1551. SCOPE AND CONTENTS OF REPORT. COPY TO BE SENT TO STATE FREE LIBRARY COMMISSION. The annual report required by the last preceding section shall cover the fiscal year of the municipality. Said report shall contain an itemized statement of all receipts from whatever source and expenditures, and shall show the condition of the library and any branches thereof ; the number of volumes, maps, pamphlets, and other material ; the number added by purchase, gift, or otherwise ; the number lost or withdrawn ; the number of registered borrowers and readers; a classified state- ment of the circulation of material, with such other information and suggestions as may seem desirable. A copy of each report made to the municipal authorities shall be sent to the State Free Library Commission. Sec. 17, Act of July 20, 1917, P. L. 1143. 1552. BRANCHES, DEPOSIT STATIONS, ETC., AUTHOR- IZED. The board of library directors may establish branches, de- posit stations, traveling libraries, and such other agencies as it may deem necessary to bring the books within convenient reach of all the residents. Sec. 18, Act of July 20, 1917, P. L. 1143. 662 1553. LIBRARY TO BE FOR FREE USE OF ALL RESI- DENTS OF COUNTY. RULES AND REGULATIONS. EX- TENSION OF PRIVILEGES. Every library established or main- tained, or both, under the provisions of this act, shall be free to the use of all the residents of the municipality, subject to such reason- able rules and regulations as the board of library directors may adopt, and the board may exclude from the use of the library any person who may wilfully violate such rules. The board may extend the privileges of such library to persons residing outside the limits of such municipality, upon such terms and conditions as the board may prescribe. Sec. 19, Act of July 20, 191^, P. L. 1143. 1554. TAKING AND HOLDING REAL AND PERSONAL PROPERTY AUTHORIZED. DONATIONS AND GIFTS. MANNER OF HOLDING. It shall be lawful for any municipality or any corporation, owning or managing a free, public, nonsectarian library, to take and hold any property, real or personal, or both, for library purposes; and any person desiring to make donations of books, money, personal property, or real estate for the benefit of a free, public, nonsectarian library, whether established or maintained under the provisions of this act or not, may vest the title thereto in the municipality or the corporation having control of the affairs of the said library, to be held and controlled by said municipality or corporation according to the terms of the deed, gift, devise, or be- quest ; and, as to such property, the said municipality or corporation shall be held to be special trustee; but in the absence of restrictions by the terms of such donation, deed, gift, devise, or bequest, the said property shall be controlled and administered by the board of library directors or by the corporation, as the case may be. Sec. 20, Act of July 20, 1917, P. L. 1143. 1555. NO NEW LIBRARY TO BE ESTABLISHED WHERE FREE, PUBLIC, NONSECTARIAN LIBRARY NOW EXISTS. APPROPRIATIONS TO BE MADE TO SUCH LIBRARY, OR DIVIDED BETWEEN THEM IF MORE THAN ONE. When- ever there is in any municipality a free, public, nonsectarian library which is open to the use of all the residents thereof, no new library shall be there established under the provisions of this act, but all public aid hereby authorized shall be given to such existing library, under proper agreement to enable it to meet as far as possible the needs of such residents: Provided, however. That wherever there may be, at the time of the passage of this act, two or more such libraries receiving aid from the same municipality, the appropriation 663 authorized by this act shall be divided between said libraries accord- ing to the terms of an agreement previously entered into between said libraries. Sec. 21, Act of July 20, 1917, P. L. 1143. 1556. PURCHASING OR SETTING APART LANDS AND BUILDINGS; PROVISION FOR COST. Any municipality is hereby authorized to purchase or set apart lands and buildings, or parts of buildings already owned by it, or both, or to erect or lease buildings, to be used for free library work-, or to alter buildings al- ready erected-so as to make them suitable for such use, and it is here- by authorized to provide for the cost of the same as in the case of other buildings to be used for municipal purposes. Sec. 22, Act of July 20, 1917, P. L. 1143. , 1557. RIGHT TO PURCHASE OR CONDEMN PRIVATE PROPERTY. Any municipality may, by ordinance or resolution, purchase, enter upon, and appropriate private property within its limits, for the purpose of erecting or enlarging public library buildr ings. Sec. 23, Act of July 20, 1917, P. L. 1143. 1558. COMMON PLEAS TO APPOINT VIEWERS TO ASSESS DAMAGES. Whenever any municipality shall appro- priate private property for public library purposes, and the muni- cipality cannot agree with the owners thereof for the price to be paid therefor, or when by reason of the absence or legal incapacity of the owner thereof no such compensation can be agreed upon, the court of common pleas, or any judge thereof in vacation, on application thereto by petition, by the municipal authorities or any person inter- ested, shall appoint a board of viewers for the assessment of dam- ages caused by such appropriation, as in such cases provided. Sec. 24, Act of July 20, 1917, P. L. 1143. 1559. PROCEDURE TO BE SAME AS IN OTHER CASES OF TAKING PRIVATE PROPERTY. The proceedings before the viewers for the allowance of damages for property taken, injured, oi destroyed, and the proceedings upon their report, shall be as pro- vided in other cases where such municipality appropriates private property for municipal purposes. Sec. 25, Act of July 20, 1917, P. L. 1143. 1560. QUESTION OF CREATING BONDED INDEBTED- NESS TO BE SUBMITTED TO ELECTORS ON PETITION OF REGISTERED VOTERS. If five per centum of the registered voters of any municipality shall petition the municipal authorities to 664 submit the question of creating a bonded indebtedness for purchasing grounds and erecting buildings for library purposes, the said authori- ties must submit such question at the next ensuing election. Sec. 26, Act of July 20, 1917, P. L. 1143. 1561. EXEMPTIONS FROM TAXATION. CONDITIONS. Any building which shall be owned and occupied by a free, public, nonsecta,rian library, and the land on which it stands and that which is immediately and necessarily appurtenant thereto, shall be exempt from all county, city, borough, town, school, bounty, poor, or road tax, not- withstanding the fact that some portion or portions of said building or lands appurtenant may be yielding rentals to the corporation or association managing such library : Provided, That the net receipts of said corporation or association from rentals shall be used solely for the purpose of maintaining the said library. All gifts, devises, grants, or endowments made to such a library, and for such purposes, shall be free from collateral inheritance tax; and any gifts, endow- ments, or funds of such a library whiph are invested in interest bear- ing securities, the income from which is used solely for the purchase of books or the maintenance of such library, shall be exempt from any State tax on money at interest. Sec. 27, Act of July 20, 1917, P. L. 1143. 1562. ACT NOT TO AFFECT EXISTING AGREEMENTS. This act shall not in any way affect any agreement or agreements heretofore made by any municipality under any prior act relating to free public libraries, but all such agreements are hereby ratified and are to continue as binding contracts between the parties. Sec. 28, Act of July 20, 1917, P. L. 1143. 1563. PENALTY FOR INJURING LIBRARY PROPERTY. FINE TO BE FOR USE OF LIBRARY. REPEAL. SCOPE AND INTENT OF ACT. Any one who shall wilfully cut, mutilate, mark, or otherwise injure any book, volume, map, chart, magazine, newspaper, painting, engraving, or other property of, or deposited in, any free library, shall be deemed to be guilty of a misdemeanor, and may be prosecuted for said offense before any court of competent jurisdiction; and, upon conviction thereof, shall be liable to a fine of not more than twenty-five dollars and costs of prosecution, or to im- prisonment in the county jail not exceeding fifteen days, or both, at the discretion of the court ; the said fine when collected to be for the use of the said library against which the aforesaid offense was com- mitted. * * * * * And all other acts and parts of acts, general, special, or local, ap- pertaining to the subject-matter covered by this act, be, and the same 665 are hereby, repealed; it being intended that this act shall furnish a complete and exclusive system in itself so far as relates to free, pub- he, nonsectarian libraries, supported wholly or in part by the several municipalities, as defined in section one of this act of the Common- wealth. Part of Sec. 29, Act of July 20, 1917, P. L. 1143. The remainder of this section is taken up with specific repeals. (b) Law. 1564. APPROPRIATIONS TO BE MADE AS DIRECTED BY PRESIDENT JUDGE OF COMMON PLEAS. LOCATION OF LIBRARY. USE. The county commissioners of each county shall annually appropriate, to the committee hereinafter provided, such sum or sums as may be directed by the president judge of the court of common pleas of the county, for the purchase and support of a law library, to be kept in or near the court-house of the county, for the use of the citizens thereof. Sec. 1, Act of June 5, 1913, P. L. 450, amending Sec. 1, Act of May 11, 1901, P. L. 165, No. 132, as amended. 1^65. MONEY TO BE EXPENDED UNDER DIRECTION OF COMMITTEE APPOINTED BY JUDGES OF THE COURTS. The money thus arising shall be expended for the pur- pose aforesaid, under the direction of a committee of "five members of the bar of said county, to be appointed annually by the judge or judges of the several courts thereof, who shall have power to fill any ■v^acancies that may occur in said committee. Sec. 2, Act of May 11, 1901, P. L. 165, No. 132. 1566. RULES AND REGULATIONS. REPORT TO JUDGES. Said committee shall have power to adopt such rules and regulations for the management of said library as may be expedient and necessary for the proper care and preservation of the satne, and shall at the end of every year report to the judge or judges, aforesaid, the condition of said library, and account for all expenditures of > money made by them in relation thereto, which, if approved, shall be filed of record in office of the prothonotary of said county: Provided, That this act shall not apply to counties having special or local laws inconsistent herewith. Sec. 3, Act of May 11, 1901, P. L. 165, No. 132. 1567. COMMISSIONERS MAY MAKE ADDITIONAL AP- PROPRIATIONS TO SUPPORT AND MAINTAIN LIBRARY. In all cases where a law library shall have been or may be estab- 666 lished in any county of this Commonwealth, for pubHc use, under ex- isting laws, the county commissioners may annually make such ap- propriation of public moneys as may, in addition to any other source of revenue provided by law, be necessary and sufficient to properly support and maintain the said library. Sec. 1, Act of April 22, 1909, P. L. 104, No. 62. 667 CHAPTER XVIII. ACTIONS BYAND AGAINST COUNTIES. 1568. SUITS TO BE BROUGHT BY AND SERVICE TO BE HAD ON COMMISSIONERS. All suits by a county [or township] shall be brought and conducted by the commissions [or supervisors] thereof respectively, and in all suits against a county [or township,] process shall be served upon, and defence made by the commission- ers [or supervisors] thereof, (respectively.) Sec. 5, Act of April IS, 1834, P. L. 537. 1569. FORM OF ACTION TO RECOVER CLAIMS. JURIS- DICTION OF JUSTICES OF THE PEACE. Hereafter all muni- cipalities of the Commonwealth of Pennsylvania may proceed for the recovery of any municipal claim or claims, whatsoever, by lien or by action of assumpsit ; and authority is hereby conferred upon justices of the peace to entertain such actions of assumpsit, to the limits of their jurisdiction. Sec. 1, Act of March 25, 1909, P. L. 78, amending Sec. 1, Act of April 4, 1907, P. L. 40. Repealed as far as relates to boroughs by the Act of May 14, 1915, P. L. 312, and as to townships by the Act of July 14, 1917, P. L. 982. 1570. CERTAIN PERSONS TO BE COMPETENT WIT- NESSES OR JURORS. No person shall be excluded from being a witness or jiiror in any suit, prosecution or proceeding, in which any county, [city, incorporated district, borough or township] is a party, or is interested by reason of such person being or having been an of- ficer, rated citizen or inhabitant in such county, [city, district, bor- ough or township,] or owning assessed or taxable property, or being liable to the assessment or payment of any tax therein. i Sec. 6, Act of April 16, 1840, P. L. 410. 1571. HOW EXECUTION AGAINST COUNTY MAY BE HAD. If judgment shall be obtained against a county in any action or proceeding the party entitled to the benefit of such judgment, may have execution thereof as follows, and not otherwise, viz : It shall be lawful for the court in which such judgment shall be obtained or to which such judgment may be removed by transcript from a justice of the peace or alderman to issue thereon a writ commanding the 668 commissioners of the county to cause the amount thereof, with the in- terest and costs, to be paid to the party entitled to the benefit of such judgment out of any moneys unappropriated of such couny, or if there be no such moneys out of the first moneys that shall be received for the use of such county, and to enforce obedience to such writ by attachment. Sec. 6, Act of April IS, 1834, P. L. 537. 1572. RIGHT OF APPEALS IN BEHALF OF COUNTY BY TAXPAYERS. PROCEDURE AND PRE-REQUISITES TO RIGHT, Any ten or more taxpayers of any county of this common- wealth may, in behalf of such county, appeal from the report of its county auitors to the court of common pleas of the same county, or prosecute any suit or action in behalf of said county, or defend such county in any suit, process or action, now pending, or that may be broiight against such county, by appeals from county auditors' re- ports, or otherwise: Provided, That if no appeal be entered by county officials, that the appeal by such taxpayers shall be entered within ninety days after the filing of such report in the court of com- mon pleas; and the appellants shall enter into recognizance with two sufficient sureties, conditioned that the appellants shall prosecute said appeal with effect, and pay all costs that may accrue thereon, in case they fail to obtain' a final decision more favorable to the county than the report from which such appeal is taken; in all such appeals, the courts of common pleas may direct an issue to be tried by a jury, upon whose verdict final judgment shall be entered, reserving the right of all parties to appeal to the supreme court, as provided in other appeals: Provided further, That before said taxpayers shall be permitted to come into court and prosecute any suit or action, or defend the county in any suit, process or action as aforesaid, they shall present to the court a petition, signed by them, accompanied by an affidavit of one of their number, that they believe injustice will be done such county, unless they are permitted to defend as afore- said ; and the said taxpayers shall, whenever the court shall deem it necessary, file in said court of common pleas, a bond, with one or more sufficient sureties, to be approved by said court, to indemnify and save harmless said county from all costs that hiay occur in said suit, process or action subsequently to filing said petition. Sec. 1, Act of June 12, 1878, P. L. 208. 1573. CERTAIN PROCEDURE IN EQUITY NOT TO AP- PLY WHEN COUNTY IS LIBELLANT, ETC. COUNTY NOT TO BE REQUIRED TO GIVE SECURITY ON APPEAL. HEARING TO BE EXPEDITED. That the first section of said act, (Act of May 6, 1844, P. L. 564,) shall not be held or construed to 669 apply to any bill or proceedings in equity now pending or which may be hereafter instituted, wherein [the commonwealth or] any [city or] county of this commonwealth is libellant, plaintiff or complainant, nor shall any [city or] county be required to give security on appeal to the supreme court in any proceeding in equity: Provided how- ever, That in all such cases it shall be the duty of the court in which the same may be pending, as far as practicable to expedite the hear- ing and final determination thereof by such rules, order or orders, not inconsistent with the laws of this commonwealth, as justice and equity may require. Sec. 1, Act of November 6, 1856 (1857), P. L. 797, No. 781. 1574. CERTAIN PROVISIONS EXTENDED TO SUITS BY COMMONWEALTH AGAINST COUNTIES. COUNTY NOT REQUIRED TO FILE AFFIDAVIT OF DEFENCE. . Tlie several provisions of the 12th section of the act of 16th April 1845, (P. L. 532) entitled "An act to increase the revenues and diminish the legis- lative expenses of the commonwealth," and of the 4th section of the act of the 21st of April, 1846, (P. L. 413) entitled "A supplement to the law relating to defaulting public officers," are hereby extended to all suits by the commonwealth against counties, [corporations and persons whatsoever] and the said 4th section of the said act of the 21st April, 1846, shall be so construed as to require that the affidavit of defence shall set forth specifically the nature and character of the defence: Provided, That a county shall not be required to file an affidavit of defence. Sec. 1, Act of April 7, 1862, P. L. 304, No. 315. . The procedure herein referred to is not deemed of sufficient im- portance to warrant its being set forth in full. It can be readily obtained by a reference to the pamphlet laws. CHRONOLOGICAL TABLE OF STATUTES. (References are to Sections.) Constitution, Art. in. Art. V. Art. VII, Art. IX, Art. XIII, Art. XIV, Sched. No. 1, 1725, Aug. 14, 1 Sm. L. 168. 1777, Mar. 14, 1 Sm. L. 443, 1791, Mar. 12, 3 Sm. L. 8, 1799, Apr. 11, 3 Sm. L. 392, 1804, Apr. 3, P. L. 488, 1804, Apr. 3, P. L. 517, 1806, Mar. 28, P. L. 644, 1807, Apr. 4, P. L. 133, 1809, Apr. 4. P. L. 192, 1812, Mar. 6, P. L. 85. Sec. 13, 29 Sec. 7, 52 Sec. 22 57 Sec. 1, 81 Sec. 7, 653 Sec. 8 629 Sec. 10, 631 Sec. 15, (Amend. Nov. 4. 1913). 630.642 7 Sec. 1 26 Sec. 2. (Amend. Nov. 2. 1909). . 27 Sec 3. 30 Sec. 4, 256 Sec. 5, 120 Sec. 6, 287 Sec. 7, (Amend. Nov. 2, 1909), . 33 Sec. 28, 34 Sec. 2, 1178 Sec. 3, 1179 Sec. 3, 93 Sec. 4 SOS Sec. 5, 513 Sec. 1, 93 Sec. 4, 711 Sec. 18, 904 Sec: 19, 905 Sec. 20, 906 Sec 21, 907 Sec 1 279 Sec 2, 280 Sec 3, 281 Sec 1, 918 Sec 2. 755,934 Sec 4, 960 Sec S, , 944 Sec 6, 885 Sec 1, 917 Sec 4, 1119 Sec 1, 935 Sec 1, 73 Sec 2. 74 (671) 672 1814, Mar. 36, P. L. 3S2, Sec. 19, 18S Sec 24, 182 Sec 26, 251 Sec 27, 2SS 181 5, Mar. 13, P. L. 177, Sec 1, 932 Sec 2, 937 Sec 3, 942 Sec 4, 961 Sec 8, 920 Sec 9, 971 1817, Mar. 13, P. L. 111. Sec 1, 943 ^. 1818, Mar. 24, P. L. 273, Sec 1, 671 1820, Mar. 16, P. L. 85, Sec 2, 486 1821, Feb. 22, P. L. 50, Sec 8, 503 Sec 14, 252 Sec 15, 253 1824, Mar. 29, P. L. 167, Sec 1, 979 Sec 2, 982 1827, Feb. 1, P. L. 29, Sec 2, 490 1827, Mar. 29, P. L. 154, Sec 1, 261 Sec 2, 262 Sec 4, 263 Sec S, 264 Sec 6, 265 Sec 7, 166 1827, Mar. 2, P. L. 505, Sec 2, 404 Sec 3, 405 Sec 4, 406 1832, May 5, P. L. 501, Sec 1, (Amended) 571 1834, Apr. 14, P. L. 333, Sec 23, 487 Sec 45, 498 Sec 61 489 Sec 75, 75 Sec 76, 96 Sec 77, 480 1834, .A.pr. 14, P. L. 378, Sec 1, 203 1834, Apr. 15, P. L. 509, Sec 1 788 Sec 4, 677 Sec 7 789 Sec 8, 791 Sec 9 792 Sec 10 793 Sec 11, (Amended) •••• 742 Sec 12, (Amended) 797 Sec 13, (Amended) 798 Sec 14, 794 Sec ^15, 795 Sec 16, 796 Sec 17, 830 Sec 18, 844 Sec 19, 848 Sec 20, 864 Sec 21 883 Sec 23, 802 673 1834, Apr. IS, P. L. 509— (Continued). > Sec 24, 801 Sec. 41, 908 Sec 42 842 Sec 43, 849 Sec 44, 866 Sec 45, 884 Sec 46 886 Sec 47, 890 Sec 48, 898 Sec 49, 891 Sec 50, 888 Sec 51 86U Sec 52, 855 1834, Apr. 15, P. L. 537, Sec 1, 1 Sec 2 2 Sec 3, 555 Sec 4, 556 Sec S, 1568 Sec 6 1571 Sec 8, 333,557 Sec 9, 1043 Sec 10 1046 Sec 11, 1044 Sec 12, 257 Sec 19, 330 Sec 21, 331 Sec 24, 360 Sec 25 332 Sec 31, 340 Sec 32, 400 Sec 33, 89 Sec 34, 90 Sec 35, 91 Sec 36, 41 Sec 37, 401 Sec 38 402 Sec 41, 147 Sec 47 361 Sec 48 362 Sec 49, 363 Sec SO, 366 Sec 51, 367 Sec 52, 368 Sec 53 369 Sec 54, 370 Sec SS, 371 Sec 56, 372 Sec 57 373 ' , Sec 58, 378 Sec. 59, 364 Sec 62, 98 Sec 63 101 43 674 1834, Apr. 1S> P. L. 537— (CoBtinuedy. Sec. 64, .••• 99 Sec. 65, •••• 100 Sec. 66, .-•• 105 Sec. 67, .••■ 106 Sec. 68, .••■ 107 Sec. 69, .••• 108 Sec. 70, .■•• 109 Sev. 71, .••• 110 Sec. 72 416,433 Sec. 73, .••• 417,434 Sec. 74, .••• Ill Sec. 75 .■•■ 432 Sec. 76, 113 Sec. 79, 206 Sec. 87, 715 Sec. 88, 719 Sec. 115, .--• 323 1835, Feb. 28. P. L. 45, Sec. 1, 850 Sec. 2, ...- 726,863 Sac. 3, 902 Sec. 4, 867 Sec. 5, 843 Sec. 10, 903 P. L. 101, Sec. 1, 92 P. L. 430, 1 P. L. 551, Sec. 7, 1424 Sec. 8, 1426 Sec. 9, 1425 Sec. 29, 1184 Sec. 30, 1184 Sec. 35, (Amended) 1308 Sec. 36, 1309 Sec. 37, 1310 Sec. 38, 1311 Sec. 39, 1312 Sec. 40, 1314 Sec. 41, 1315 Sec. 42, 1316 Sec. 43 1317 Sec. 44, 1318. Sec. 45, 1319 Sec. 46, (Amended) 1220 Sec. 47, (Amended) 1221 Sec. 48, 1183 Sec. 49 1184 Sec. 50, 1185 Sec. 51, 1186 Sec. S3, 1313 Sec. 55, 1427 Sec. 56, 1188 Sec. 70, 1353 Sec. 71 1354 1835, Apr. 1. 1836, Apr. 1. 1836, June 13, 1838. Apr. 14, P. L. 1838, Apr. 16, P. L. 1839, Mar. 11. P. L. 1839, June 21. P. L. 1839. July 2, P. L. 1839, July 2, P. L. 1839, June 17. P. L. 1840, Apr. 9. P. L. 1840, Apr. 13. P. L. 1840, Apr. 14. P. L. 1840, Apr. 28. P. L. 1840, June 13, P. ;.. 1841, May 15. P. L. 675 1836. June 13, P. L. 551— (Continued). Sec. 72, 1355 Sec. 75, 1356 457, Sec. 10, 374 Sec. 11, 375 514, Sec. 28, 484 51, 1 362, 1 519, Sec. 108, 804 559, Sec. 1, 52 Sec. 4, (Amended) 60 676, Res. 5, 259 Res. 9, 277 Res. 10, 278 283, Sec. 1, 381 319, Sec. 8, 254 349, Sec. 4, 958 Sec. 5, 959 Sec. 6, 965 Sec. 7, 966 1840, Apr. 16, P. L. 410, Sec. 6,.. 1570 Sec. 7, 506 467, Sec. 15, 403 683, Sec. 9, 712 393, Sec. 1, 717 Sec. 3, 803 Sec. 4, 737,790 Sec. 5, 784 Sec. 7, 757 1841, May 27, P. L. 400, Sec. 1, 39 Sec. 3, 70 Sec. 4, 341 Sec. 6, 409 Sec. 7, 407 Sec. 8, 909 Sec. 15, 430 192. Sec. 44, 437 222. Sec. 4, 52 230. Sec. 11. 47 242, •■■ 1 262, Sec. 20 969 321. Sec 59 760 441. Sec. 9, 718 Sec. 10, 805 Sec. 11, 785 Sec. 12, 787 Sec. 13, 808 Sec. 14, 809 85, 1 230. Sec. 4, 52 312. .■•• 1 486, Sec. 32 676 Sec. 47. 807 1845. Apr. 1, P. L. 280, Sec. 1, 758 1842, Mar. 25, P. L. 1842, Apr. 4. P. U 1842, Apr. 5. p. U 1842, Apr. 4, p. L, 1842, Apr. 12. P. L. 1842, July 11. P. h. 1842, July 27, P. L. 1843. Mar. 13, P. L, 1843, Apr. 13, P. L. 1843, Apr. 18, P, L. 1844, Apr. 29, P. L. 676 1846, Feb. 26, P. L. 64, Sec. 1846, Mar. 24, P. L. 165, Sec. 1846, Apr. 21, P. L. 413, Sec 1846, Apr. 21, P. L. 432, Sec Sec. 1846, Apr. 22, P. L. 483, Sec. 1846, Apr. 22. P. L. 486. Sec. Sec Sec. 1847, Mar. 9, P. L. 279. Sec. Sec. Sec. 1847, Mar. 13. P. L. 296 1847, Mar. IS. P. L. 354. Sec. 1847, Mar. IS. P. L. 462, 1848, Apr. 7. P. L. 365, Sec. Sec. 1848, Apr. 8, P. L. 418, 1848, Apr. 11. P. L. 506, Sec 1848, Apr. 11. P. L. 517, Sec. 1848, Apr. 11. (1851 P. L. 744) 1849, Mar. 12. P. L. 154, Sec. 1849, Apr. 5. P. L. 344, Sec. 1849, Apr. 9. P. L. 524, Sec. 1849, Mar. 20. P. L. 551, Sec. 1849, Apr. 10. P. L. 570, Sec. 1849, Apr. 10. P. L. 581, Sec. 1849. Apr. 5. (1850 P. L. 962) Sec. 1850, Mar. 25. P. L. 277, Sec. 1850, Apr. 9. P. L. 434, Sec. Sec. Sec. Sec. 1850. Apr. 25. P. L. 569, Sec. Sec. / Sec. Sec. 1850. Apr. 26. P. L. 595, Set Sec. Sec. 1850, May 3. P. L. 654, Sec. Sec. Sec. Sec. 1850, May 3. P. L. 658, Sec. Sec. 1850, Apr. 19, (1851 P. L. 805) Sec. Sec. 1851, Mar. 29, P. L. 289, Sec. 1851, Apr. 8, P. L. 353, Sec. 1851, Apr. 14, P. L. 552, Sec. 1851, Apr. 14, P. L. 622, Sec. 1 6, .••• 52 1, 418,435 10, ••• 363 1, 116 2, •••. 117 4. ..•• 351 19, 892 20. 726 23. ..- 754 1. •• 922 2, 923 3, 963 52 1, 363 1 31, 52 36, 52 52 2 1233 3, 889 1 2, 52 2, 334 3, 254 1. 1 34, 744 4, 52 5 738 4, 52 5. 44 7, 83 8, 45 9, 46 15, 761 30, 962 31 921 32, 974 1, 357 2 358 4 359 1 48 2, 82 3, 50 7 4S6 2, 1 4 52 1. 1 22, 52 4 593 1, 1121 S 52 13, 694 677 18S2, Mar. 1, P. L. 100, Sec. 1 508 1852, Apr. 23, P. L. 413, Sec. 5, 52 1852, Apr. 8, P. L. 296, Sec. 1 52 1853, Mar. 13, P. L. 215, Sec. 4 52 1853, Feb. 23, P. L. 698, Sec. 2 52 1854, Mar. 6, P. L. 155, Sec. 1, 558 Sec. 2 559 1854, Mar. 6, P. L. 158, 52 1855, Mar. 30, P. L. 160, Sec. 1 207 1855, Apr. 12, P. L. 220, Sec. 1, , 1180 1855, Apr. 26, P. L. 308, Sec. 1, 457 1855, May 8, P. L. 519, Sec. 1, 968 1855, Mar. 2, P. L. 537, i 1856, Feb. 1, P. L. 13, Sec. 1 831 1856, Mar. 29, P. L. 181, 52 1856, Mar. 29, P. L. 185, 52 1856. Apr. 19, P. L. 458, Sec. 3 485 1856, Apr. 21, P. L. 477, Sec. 1, 945 Sec 3, 900 Sec. 4, 941 1856, Nov. 6, (1857 P. L. 795) Sec. 6 213 1856, Nov. 6, P. L. 797, Sec. 1, 1573 1857, Feb. 13, P. L. 35, 52 1857, Apr. 18. P. L. 172, 52 1857. May 14, P. L. 507, Sec. 1, 211 1857, May 16, P. L. 535, Sec. 1 408 1857. May 16, P. L. 536, Sec. 1. 422 1857. May 18, P. L. 559, Sec. 81, 118 1857, May 20, P. L. 612, Sec. 11, 52 1858, Feb. 23, P. L. 45, Sec. 1, 901 1859, Feb. 11. P. L. 37, Sec. 1, 806 1859, Mar. 22. P. L. 194, Sec. 1, 481 1859. Apr. S, P. L. 363, Sec. 1, '. 686 1859, Apr. 6, P. L. 383, Sec. 1, 507 1859, Apr. 13, P. L. 606, Sec. 1, 183 Sec. 2, 184 1859. Apr. 13. P. L. 607. Sec. 1. 42 Sec. 2. 43 1859. Apr. 13. P. L. 617. Sec. 1, §1 1860, Mar. 31, P. L. 382. Sec. 12, 249 Sec. 17 459 Sec. 18, 460 Sec. 62, 325 Sec. 63, 326 Sec. 65, 324 Sec. 66, 326a 1860, Mar. 31, P. L. 427, Sec. 75, (Amended) 1056 1860, Apr. 3, P. L. 650, Sec. 1, 103 Sec. 2. 104 1860, Mar. 29, P. L. 697, ' 1 1862, Apr. 3, P. L. 228, Sec. 1, 964 1862, Apr. 7, P. L. 304, Sec. 1 1574 1863. Apr. 14, P. L. 406, 52 678 1863, Apr. IS, P. L. 503, 52 1864, Mar. 18, P. L. 68, Sec. 1 1357 1864, May 5, P. L. 850, Sec. 2, 52 1866, Mar. 12, P. L. 85, Sec. 1, 458 1866, Apr. 12, P. L. 103, Sec. 1, 212 1866, Mar. 30, P. L. 109, Sec. 1, 339 1866, Apr. 17, P. L. 110, Sec. 1, 1152 Sec. 2, 1153 1866, Apr. 11, P. L. 763, 52 1866, Apr. 16, P. L. 942, 52 1866, Oct. 31, (1867 P. L. 1527) 1 1867, Mar. 26, P. L. 45, Sec. 1 861 Sec. 2, 862 1867, Apr. 10, P. L. 62, Sec. 1, ^61 Sec. 2, 532 Sec. 3, 533 Sec. 4, : 534 Sec. 5, (Amended) 171 Sec. 6, 535 Sec; 7 62 1868, Apr. 2, P. L. 3, Sec. 3, 222 Sec. 4, 232 Sec. 5, 233 Sec. 6, (Amended) 234 Sec. 7, 236 Sec. 8 243 Sec. 8, (Par. 7, Amended) .... 247 Sec. 11, 186 1868, Apr. 28, P. L. 105, Sec. 1, 736 1869, Apr. 15, P. L. 46, Sec. 1, 1324 1869, Apr. 17, P. L. 66, Sec. 1, . . .' 144 1869, Feb. 27, P. L. 287, 52 1869, Apr. 2, P. L. 637, 52 1870, June 2, P. L. 1316, Sec. 1, (Amended) 572 1871, Jan. 30, P. L. 13, Sec. 1, 76 1871, Feb. 18, P. L. 79, Sec. 1, 68 X Sec. 2, 69 1871, June 15, P. L. 391, Sec. 1, 1035 1871, June 28, P. L. 1375, 52 1872, Apr. 9, P. L. 45, Sec. 1, 933 1873, Apr. 8, P. L. 64, Sec. 1, 687 1873, Mar. 20, P. L. 343, 52 1874, Feb. 12, P. L. 43, Sec. 1 290 Sec. 2, 291 1874, Apr. 20, P. L. 65, Sec. 1 632 Sec. 2, (Amended) 633 Sec. 3, (Amended) 634 Sec. 4, (Amended) 635 Sec. 5 640 Sec. 6, 641 Sec. 7, 647 1874, May 6, P. L. 125, Sec. 1, (Amended) 248 67^ 1874, May 14, P. L. 154, Sec. 1874, May 15, P. L. 185, Sec. Sec. 1874, May IS, P. L. 186, Sec. Sec. Sec. Sec. Sec. Sec. 1874, May 15, P. L. 192, Sec. 1874, May 15. P. L. 193, Sec. 1874, May 15, ,P. L. 205, Sec. 1874, May 19, P. L. 206, Sec 1874, May 19, P. L. 218, Sec. 1874, June 9, P. L. 282, Sec. 1875, Mar. 18, P. L. 25, Sec. 187S, Mar. 18, P. L. 27. Sec. 1875, Mar. 18, P. L. 32, Sec. Sec. Sec. Sec. 1875, Apr. 12, P. L. 46, Sec. 1875. Apr. 16, P. L. 54, Sec. 1876, Mar. 31. P. L. 13, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1876, Apr. 13, P. L. 28, Sec. Sec. 1876, Apr. 21, P. L. 46, Sec. 1876, May 5, P. L. 112, Sec. Sec. 1876, May 8, P. L. 128, Sec. 1876, May 8, P. L. 131, Sec. Sec. Sec. Sec. Sec. 1876, May 8. P. L. 136, Sec. 1876, May 8, P. L. 143, Sec. Sec. 1876, May 8, P. L. 154, Sec. 1, 1116 1, 1349 2 1350 3, 67 4, 63 6, 64 7 65 12 31 14, 66 1, 967 1, 927 1, 28 5, (Amended) 59,167 1, 477 1, 609 2, 292 1, 436 1, 514 2, SIS 3 516 4, 517 1, 641 1, 148 1 245 2 246 3, 327 4, 328 5, (Amended) 121 6, 133 7, 174 8, 124 10, 288 11 258 13, (Amended) 129 14, (Amended) •■ 130 15, 132 16, (Amended) 134 17, ..'. 322 1, 478 2, 479 1, 102 1, 1239 2, 1240 1 648 1, (Amended) 1290 2 1291 3, (Amended) 1292 4, 1293 5, (Amended) 1294,1295 1 350 3, 18 4, 19 6, 1120 680 1877, Mar. 23, P. L. 33, Sec 1877, Mar. 24, P. L. 36 Sec 1877, Mar. 24, P. L. 44, Sec 1878, May 3, P. L. 41, Sec Sec Sec Sec 1878, May 3. P. L. 43, Sec. 1878, May 10. P. L. 51, Sec 1878. May 24, P. L. 118, Sec 1878, May 24, P. L. 131, Sec 1878, May 24, P. L. 138, Sec 1878, May 25, P. L. 150, Sec 1878, June 12. P. L. 208, Sec 1879 Mar. 6. P. L. 4, Sec 1879, Apr. 22, P. L. 30, Sec. 1879, Apr. 24, P. L. 32, Sec. 1879, Apr. 30, P. L. 34, Sec Sec 1879, May 1, P. L. 40, Sec Sec 1879, May 13, P. L. 55, Sec Sec 1879, June 4, P. L. 90, Sec. 1879, June 11. P. L. 133, Sec. 1879, June 11. P. L. 136, Sec 1879, June 11. P. L. 146, Sec Sec 1879, June 11. P. L. 151, Sec Sec Sec 1881, Apr. 14, P. L. 10, Sec 1881, May 11. P. L. 21, Sec 1881, May 24, P. L. 31, Sec 1881, May 27, P. L. 35, Sec 1881, June 2, P. L. 44, Sec 1881, June 8, P. L. 67, Sec Sec 1881, June 8. P. L. 81, Sec 1883, Apr. 26, P. L. IS, Sec 1883, June 1. P. L. 51, Sec 1883, June 1. P. L. 58, Sec Sec. Sec. 1883, June 13, P. L. 112, Sec 1883, June 13, P. L. 113, Sec 1883, June 20, P. L. 136, Sec Sec Sec Sec. Sec. 1885, June 3, P. L. 71, Sec 188S, June 3. P. L. 72, Sec. 1 175 1 443 1, 696 1 1292 2 1295 4, 1296 5. 1297 4, (Amended) 260 2, 706 1, 85 1 762 2 223 1, 854,1465 1, 1572 1 238 1, (Amended) 365 1, 1045 1 924 2 925 1 228 2, 229 1 952 2, 953 1, 684 1 122 1 260 1, (Amended) 1325 2, 1326 1 938 2 939 3, 940 1, (Amended) 649 2 131 1, 913 1. 980 1. 365 1. (Amended) 1302 2 1303 1, (Amended) 112 1, 49 1 759 1, (Amended) 1047 2 1048 3, 1049 1 ^56 1, (Amended) 128,154 1 526 2, 527 3 528 4, 529 5 530 1, 950 1 910 681 1885, June 25, P. L. 187, Sec. Sec. Sec. Sec Sec. •Sec Sec. Sec. Sec, Sec. 1885, June 30, P. L. 204, Sec. Sec 1885, July 8. P. L. 268, Sec. Sec Sec, Sec. 1887, May 12. P. L. 95. Sec. 1887, May 23, P. L. 178. Sec. Sec 1887. May 24, P. L. 185, Sec Sec. 1887, May 24, P. L. 203, Sec Sec 1887, June 1, P. L. 287, Sec Sec. 1887, June 2, P. L. 306, Sec Sec. Sec , Sec Sec . Sec Sec Sec Sec Sec. 1887, June 6, P. L. 363, Sec. 1889. Feb. 14. P. L. 7, Sec Sec Sec Sec 1889, Apr. 4. P. L. 23, Sec. 1889, Apr. 19. P. L. 37, Sec 1889, Apr. 25. P. L. 52, Sec 1889, Apr. 25. P. L. 52, Sec. 1889, Apr. 26, P. L. 55, Sec. 1889, May 8, P. L. 132, Sec. 1889, May 8, P. L. 133, Sec 1889. May 9. P. L. 139, Sec Sec. 1889, May 9, P. L. 139, Sec Sec. Sec. Sec 1889. May 9. P. L. 141, Sec 3, (Amended) 851 4 865 S 836 <5 868 7, (Amended) 872 8 873 9, (Amended) 856,893 10, 899 11. ••, 894 12 926 I ■•. 911 2 912 1 970 2 972 3, (Amended) 973 4, .., 978 1. (Amended) 143 1. 915 2, 916 1. ...• 438 2 •. 439 1. •• 1083 2, 1084 1. 577 2, (Amended) 578 1, 1430 2, 1431 3, 1432 4. 1433 5, 1434 6. 1435 7. 1436 8. 1437 9 1438 10, (Amended) 1439 1, :■■■ 919 1. •• .••■ 704 2. (Amended) 705 3, (Amended) 740 4 716 1 356 1 , 799 1, (Amended) 342 1, 168 2, 1050 1, (Amended) 355 1. 705 1, 703 2, 714 1, 1051 2, 1052 3 1054 4, 1053 1 973 682 1889, May 9, P. L. 1889, May 9, P. L. 1889, May 9, 1889, May 13, 1891,^ Apr. IS, 1891, Apr. 29, 1891, May 26, 1891, May 26, 1891, June 1891, June 1891, June 1893, Apr. 1893, May 8. 11, 16, 26, 18, 1893, May 24, 1893, May 24, 1893, May 26, 1893, May 29, 1893, June 1893, June 1893, June 1893, June 1893, June 1895, Apr. 1895, Apr. 1895, May 6, 6, 6. 12, 12, 19, 19, 8. P. L. P. L. P. L. P. L. P. L. P. L. 1891, June 2, P. L. P. L. P. L. P. L. P. L. P. L. 1893, May 18, P. L. P. L. P. L. P. L. P. L. 1893, June 6, P. L. P. P. P. P. P. P. P. P. 157, Sec. 1, •••• 928 Sec. 2 ..•• 929 Sec. 3 930 162, Sec. 2, .••• 187 Sec. 3, ••■ 188 167, Sec. 1 .■•• 389 200, Sec. 1, .•■• 140 Sec. 2 ...- 141 17, Sec. 1, 1420 Sec. 2, .- 1421 31, Sec. 1, (Amended) 1212 Sec. 2, .•■• 1213 Sec. 3, 1214 Sec. 4, (Amended) 1215 Sec. 5 1216 Sec. 6, 1217 Sec. 7 1218 Sec. 8, 1219 116, Sec. 1, ..-• 1422 Sec 2, 142.< 129, Sec. 1, . 267 Sec. 2, 268 Sec. 3, 269 Sec. 4, 270 Sec. 5 271 Sec. 6, 272 168, Sec. 1, 1117 Sec. 2 1118 212, Sec. 1, 914 295, Sec. 1, 1439 314, 128 25, Sec. 1, 695 102, Sec. 1, 491 Sec. 2, 492 105, Sec. 1 352 Sec. 2, 353 Sec. 3 354 125, Sec. 3, (Amended) 32 127, Sec. I, 121 145, Sec. 1, 224 174, Sec. 1, 441 Sec. 3 442 330, Sec. 1, 428 Sec. 2, (Amended) 429 333, Sec. 1 835 335, Sec. 12, 837 340, Sec. 1 149 457, Sec. 1, (Amended) 425 462, Sec. 1, S3 38, Sec. 1, 1059 39, Sec. 1, 1302V 47, Sec. 1 956 Sec. 2, 957 683 1895, May 21, P. L. 1895, May 22, 1895, May 22, 1895, May 22, 1895, June 3, 1895, June 1895, June 1895, June 1895, June 1895, June 18, 18, 24, 24, 24, 1895, June 26, 1895, June 1895, June 26. 26, 1895, June 27, P. L. P. L. P. L. P. L. P. P. P. P. P. 1895, June 25, P. L. P. L. P. L. P. L. P. L. 89, Sec, 1, 1039 Sec. 2, 1040 96, Sec. 1, (Amended) 1097,1098 101, Sec. 1, 410 Sec. 2, (Amended) 411 Sec. 3, 412 105, Sec. 1 482 1^0, Sec. 1, (Amended) 1249 Sec. 2, (Amended) 1250 Sec. 3, (Amended) 1251 Sec. 4, (Amended) 1252 Sec. 5 1253 Sec. 6, (Amended) 1254 Sec. 7, (Amended) 1255 Sec. 8, 1256 197, Sec. 1, 342 209, Sec. 1, 616 230, Sec. 1, 531 236, Sec. 1, 1055 269, Sec. 1, 1067 Sec. 2, 1068 296, Sec. 1 874 Sec. 2, 875 Sec. 3, 876 Sec. 4, 877 336, Sec. 1, (Amended) 1395 Sec. 2, 1396 Sec. 3 1397 Sec 4, .-. 1398 Sec. 5, 1399 Sec. 6, 1400 Sec. 7, 1401 Sec. 8 1403 Sec. 9, 1404 Sec. 10, 1405 Sec. 11, ■ 1406 Sec. 12, ..." 1407 Sec. 13, 1408 Sec. 14, ..■• 1409 Sec. IS 1402 Sec. 16, 1413 374, Sec. 1, 1056 377, Sec. 1, V--- 1122 Sec. 3, 1123 Sec. 8, 1124 Sec. 13, 1125 Sec. 14 1126 Sec. 15, 1127 Sec. 16, 1128 403, Sec. 1, (Amended) 35 Sec. 2, 71 Sec. 3 87 Sec. 4, 382 Sec. 5, 617 684 1895, June 27, P. L. 403— (Continued). Sec. 6 .•■• 383 Sec. 7, ••• 384 Sec. 8, .••• 618 Sec. 9 .-.. 619 Sec. 10, 620 Sec. 11, .••• 621 Sec. 12, .••• 38S Sec. 13, ..•• 622 Sec. 14, .••• 387 Sec. IS, 386 Sec. 16, (Amended) 36 1895, July 2, P. L. 421, Sec. 1, .-•• 981 1895, July 2, P. L. 424, Sec. 1, .••• 130 1895, July 2, P. L. 426, Sec 1, , 1060 1897, Mar. 17, P. L. 4, Sec. 1, .••• 60 1897, Mar. 30, P. L. 8, Sec. 1, .••• 421 1897, Mar. 30, P. L. 11, Sec. 1, 933 Sec 2, (Amended) 946 Sec 3 947 Sec 4, 948 1897, Apr. 14 P. L. 22, Sec 1 312 1897, Apr. 20, P. L. 28, 732 1897, May S, P. L. 39, Sec 1, 713 1897, May 6, P. L. 46, Sec 1, (Amended) 1298 Sec 2, (Amended) 1299 Sec 3 1300 Sec 4, 1301 1897, May 11, P. L. S3, Sec 1, 635 1897, May 25, P. L. 83, Sec 1, (Amended) 1154 1897, May 26, P. L. 100, Sec 1, (Amended) 493 Sec 2, 488 1897, May 26, P. L. 100, Sec 1, 250 1897, May 26, P. L. 103, Sec 1 1304 Sec 2 1305 Sec 3, 1306 1897, June 4, P. L. 121, Sec 1, 142 1897, June 7, P. L. 135, Sec 1, 879 Sec 2, 880 1897, July 9, P. L. 238, Sec 1, 1327 1897, July 9, P. L. 242, Sec 1 895 Sec 2 896 1897, July IS, P. L. 276, Sec 2 881 Sec 4, 882 1897, July 15, P. L. 285, Sec 1 673 1897, July 15, P. L. 295, Sec 1 572 1899, Mar. 1, P. L. 6, Sec 1, 649 1899, Mar. 21, P. L. 12,. 128 1899, Apr. 3, P. L. 26, Sec 1 547 1899, Apr. 10, P. L. 34, Sec 1 832 Sec 2, 833 1899, Apr. 11, P. L. 41, Sec 1 523 Sec 2, 524 Sec 3, 525 685 1899, Apr. 18, P. L. 52, Sec. 1899, Apr. 18, P. L. 56. Sec Sec Sec. Sec. Sec 1899, Apr. 19, P. L. 61, Sec 1899, Apr. 28, P. L. 79, Sec. Sec Sec Sec Sec Sec Sec. Sec Sec. Sec. 1899, Apr. 28, P. L. 91, Sec 1899, Apr. 28, P. L. 98, Sec 1899, Apr. 28, P. L. 113, Sec 1899, May 2. P. L. 162, Sec. Sec Sec 1899, May 2, P. L. 176, Sec 1899, May 5. P. L. 246, 1901, Feb. 25. P. L. 11, Sec 1901, Mar. 22^ P. L. 52, Sec 1901, Apr. 19. P. L. 81, Sec 1901, Apr. 30, P. L. 109, Sec. 1901, May 1. P. L. 110, Sec 1901, May 2. P. L. 119, Sec Sec 1901, May 2. P. L. 138, Sec Sec. 1901, May 8. P. L. 140, Sec. 1901, May 11, P. L. 165, Sec. Sec Sec 1901, May 11. P. L. 175, Sec 1901, May 11. P. L. 184, Sec 1901, May 11, P. L. 185, Sec 1901, May 13. P. L. 191, Sec 19011 May 17. P. L. 261. Sec 1901, May 21, P. !♦ 268, Sec. 1901, May 21. P. L. 271, Sec 1901, May 21. P. L. 274, Sec Sec. Sec 1901, May 22. P. L. 290, Sec. 1901, May 25. P. L. 301, Sec 1901, June 4, P. L. 364. Sec Sec. 1901. June 7, P. L. 531, Sec. Sec. 1, 425 1, 335 2, (Amended) 336 3, 337 4, 338 5 86 1, 238 1 1441 2. r442 3 1443 4 1444 5 1445 6 1446 7 1447 8 1448 9 1449 10 ' 1450 1 1328 1 946 1. 234 1 518,745 2, 519 3 520 1, (Amended) 1508 222 8, 692 1, 578 1, 951 1, (Amended) 614 1 1412 1 573 2, 574 1, 8 2, 9 1, 36 1. (Amended) 1564 2. 1565 3. 1566 1. 247 1, 1097 1 376 1 .' 1299 1, 134 1 1459 1, 56 1, (Amended) 590 2 591 3 592 2 698 1 1081 2, 985 5, (Amended) • • . 685 1, 1493 2. 1494 686 1901, June 7, P. L. 531— (Continued). Sec. 3, 1495 Sec. 5 1496 Sec. 6 1497 Sec. 7, 1498 1901, June 12, P. L. 559, Sec. 1, .••• 54 1901, June 19, P. L. 573, Sec. 1, 1509 1901, June 26, P. L. 601, Sec. 1, .••• 800 1901, July 9, P. L. 613, Sec. 1. ■ . • 740 1901, July 10, P. L. 630, Sec. 1, 123 1901, July 10, P. L. 631, Sec. 1. 1410 Sec. 2 1411 1901, July 10, P. L. 641, Sec. 1, 129 1901, July 10, P. L. 650, Sec. 1, 1452 1901, July 11, P. L. 663, Sec. 1, (Amended) 189 Sec. 2, 190 Sec. 3, 191 Sec. 4, 192 Sec. 5 193 1903, Mar. 5, < P. L. 11, Sec. 1, 411 1903, Mar. 5, P. L. 13, Sec. 1, 1237 1903, Mar. 18, P. L. 28, Sec. 1, 548.1036 1903, Mar. 26, P. L. 71, Sec. 4, 1332 Sec. 5, 1333 Sec. 6, 1334 Sec. 8, 1335 Sec. la, 1336 1903, Mar. 27, P. L. 83, Sec. 1 1037 , Sec. 2. 1038 1903, Apr. 3, P. L. 136, Sec. 1 1097 1903, Apr. 3, P. L. 137, Sec. 1. (Amended) 1138 1903, Apr. 11, P. L. 164,. Sec. 1 1321 Sec. 2 1322 1903, Apr. 11, P. L. 166, Sec. 1 536 Sec. 2, 537 1903, Apr. 11, P. L. 167, Sec, 1, 452 Sec. 2, 451 1903, Apr. 16, P. L. 222, Sec. 1, 343 Sec. 2. 344 1903, Apr. 21, P. L. 228, Sec. 1, 1235 Sec. 2, (Amended) ■ . 1236 1903, Apr. 21, P. L. 230, Sec. 1, 1249 Sec. 2. 1250 Sec. 3 1251 Sec. 4 1252 Sec. 7 1255 1903, Apr. 23, P. L. 267, Sec. 1, 273 19G3, Apr. 23,. P. L. 284, Sec. 1, 733 1903, Apr. 23, P. L. 291, Sec. 1 209 1903, Apr.. 23,. P. L. 292, Sec. 1, 732 Sec. 2, (Amended) 741 1903, Apr. 24, P. L. 301. Sec. I. (Amended) 128,154 1903, Apr. 27. P. L. 323. Sec. 1. 1329 1903, Apr. 27, P. L. 326, Sec. 1 763 687 1905. Mar. 1. P. L. 30. Sec. Set Sec. 1905, Mar. 14. P. L. 37. Sec. 1905, Mar. 17, P. L. 45, Sec. Sec. 1905, Mar. 24, P. L. 47. Sec. Sec. Sec. 1905, Mar. 24, P. L. SO, Sec. 1905, Mar. 29, P. U 69, Sec. 1905, Mar. 30, P. L. 81, Sec. 1905, Apr. 14. P. L; 157, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec- 1905, Apr. 14, P. L. ies. Sec. 1905, Apr. 17, P. L. 170, Sec. Sec. Sec. Sec. 1905, Apr. 17, P. L. 176. Sec. 1905, Apr. 17. P. L. 192, Sec. Sec. Sec. 1905, Apr. 17. P. L. 196, Sec. 1905, Apr. 20, P. L; 234, Sec. 1905, Apr. 20, P. L. 236, Sec. 1905. Apr. 20, P. L. 237. Sec. 1905, May 2, P. L. 350. 1905, May 11, P. L. 442, Sec. 1906, Feb. IS. P. L. 30. Sec. Sec. 1906, Mar. 5. P. L. 7-4. 1906, Mar. 5, P. L. 75. Sec. Sec. Seo. Sec. 1907, Feb. 14, P. L. 3. Sec. 1907, Mar. 7. P. L. 7. S«c. 1907, Mar. 21. P. L. 22, Sec. SeCi 1907, Mar. 28. P. L; 33, Sec. 1907, Mar. 28, P. L. 37, Seo. 1907, Apr. 4, P. L. 40, Sec. 1907, Apr. 4, P: L. 44, Sec. 1907, Apr. 4. P. L. 48, Sec. 1907, Apr. 4. P. L. 56, Sec. 1907, Apr. 4. P; L. 58, Sec. Sec. Sec. 1, (Aniended) 466 2 468 3, (AtWended) ■ 467 1. 157 1, 693 2. 693 1 702 2, 824 3, 825 1, 1320 1, 1508 1, 1234 1, (Amended) 10 2, (Amended) 11 3, 12 4, 13 5, 14 6 15 7, 16 8. 17 1, 154 1. 159 3 454 4, 160 5, 214 1 40 1, 1246 2, 1247 3 1248 1 1411 1 689 1, 734 1, 1451 128 9. (Amended) 587 1. 1257 2. 1258 1225 1. .: ....■■ 1230 2. 1223 3. 1231 4. 1232 1, 1238 1. 413 1. (Amended) 583 2; 584 1, 521 1, (Amended) 390 1, (Amended) 1569 1, 1187.1512 1, (Amended) 164 1, 1254 1 ..•■ 179 2. 180 3 181 1907, Apr. 16, P. L. 1907, Apr. 23, P. L. 1907, Apr. 25, P. L. 1907, Apr. 25, P. L. 1907, Apr. 25, P. L. 1907, May 1, P. L. 1907, May 1, P. L. 1907, May 2, P. L. 1907. May 7. P. L. 1907, May 7. P. L. 1907, May 8, P. L. 1907, May 10, P. L. 1907, May 23, P. L. « 1907, May 25, P. L. 688 'il. Sec. 1, 419 Sec. 2, 420 98, Sec. 1 569 Sec. 2, 570 104, Sec. . 1, 1451 119, Sec. 1, 1298 121, Sec 1, (Amended) 448 142, Sec. 1, (Amended) 215 148, Sec. 1 1109 Sec. 2, 1110 Sec. 3, nil Sec. 4, 1112 Sec. 5 1113 Sec. 6 1114 Sec 7 1115 159, Sec 3, 344 169, Sec 1, (Amended) .''. 379 172, Sec 1, 1440 185, Sec 1 1220 196, Sec 1, (Amended) 162 225, Sec 1, 119 240, Sec 4, 1337 Sec 5 1338 Sec 6 1339 Sec 8. 1340 Sec 10 1341 247, Sec 3, 552 308, Sec 1 342 355, Sec 6, (Amended) 697 438, Sec 1 204 Sec 4 205 459, Sec 1 466,477 Sec 2 467 461, Sec 1 1041 Sec 2, 1042 462, Sec 1, = 1098 523, Sec 1, 1308 13, Sec 1 389 18, Sec 1 1107 Sec 2, 1108 33, Sec 1, 586 44, Sec 1 455 69, Sec ' 1 1347 Sec 8, 1348 1909, Mar. 24, P. L. 73, Sec 1 1274 Sec 2, 1275 Sec 3 1276 Sec 4, 1277 Sec 5 1279 Sec 6, 1278 Sec 7 1280 Sec 8 1281 1909, Mar. 24, P. L. 77,'Sec 1 248 1909, Mar. 25, P. L. 78, Sec 1. 1569 1907, May 25. P. L. 1907, May 29, P. L. 1907, May 31. P. L. 1907, June 7, P. L. 1907, June 7, P. L. 1907, June 7. P. L. 1907, Juni: 7, P. L. 1907, June 12, P. L. 1909, Mar. 11, P. L. 1909, Mar. 11. P. L. 1909, Mar. 15, P. L. 1909, Mar. 18, P. L. 1909, Mar. 24, P. L. 689 1909. Apr. 1, P. L. 93, Sec. 1. 66S Sec. 2 669 Sec. 3, 670 1909, Apr. 22, P, L. 104, Sec. , 1, 1567 1909, Apr. 22, P. L. 135, Sec. 2 697 1909, Apr. 23, P. L. 146, Sec. 1, 725 1909. Apr. 23, P. L. 171, Sec. 1 1506 Sec. 2, 1507 1909, Apr. 27. P. L. 244, Sec. 1 786.810 1909, Apr. 27. P. L. 258, Set 1, (Amended) 461 1909, Apr. 27, P. L. 262. Sec. 1. (Amended) 553 Sec. 2. (Amended) 554 1909. Apr. 27. P. L. 264. Sec. 1. (Amended) 170 1909, Apr. 29. P. L. 275, Sec. 1, 750 Sec. 2 751 Sec. 3, (Amended) 752 Sec 4. 753 1909. Apr. 29. P. L. 289. Sec. 1, 522 1909. May 1. P. L. 302. Sec. 1. (Amended) ... • 1147 Sec. 2, 1148 Sec 3, 1149 Sec 7, (Amended) 1150 1909. May 1. P. L. 305, Sec 1, 872 1909. May 1. P. L. 308, Sec 1, 447 1909, May 1, P. L. 317, Sec 1 634 1909, May 6, P. L. 434, Sec 1, , 37 Sec 2, 72 Sec. 3, 88 Sec 4, 394 Sec S 623 Sec 6, 395 Sec 7, 396 Sec 8, , 624 Sec 9 625 Sec 10, 626 Sec 11, 627 Sec 12, 397 Sec 13, 628 Sec 14, 398 Sec IS, 399 Sec 16, 146 Sec 17, 38 1909, May 6, , P. L. 445, Sec 1, 986 Sec 2, 987 Sec 3, 988 1909, May 6, P. L. 451, Sec 1, (Amended) 210 1909, May 6, P. L. 456. Sec 1. 448 1909, May 8, P. L. 474, Sec 1, 851 1909, May 8, P. L. 491, Sec 1, 742 Sec 2 797 Sec 3 798 1909. May 8, P. L. ' 494, Sec 1 1323 1909, May 10, P. L; 500, Sec 1 136 690 1909, May 10, P. L. 503, Sec. 1, •••• 128 1909, May 13, P. L. 527, Sec. 1, -.••■ 1395 1909, May 13, P. L. 535, Sec. 1, ••• 1154 1911, Mar. 4, P. L. 10, Sec. 1, .••• 179 1911, Mar. 15, P. L. 18, Sec. 1, .■•■ 1150 1911, Mar. 15, P. L. 19, Sec. 1, ••• 566 1911, Mar. 30, ' P. L. 31, Sec. 1, .••• 567 1911, Mar. 30, P. L. 38, Sec. 1, .••• 681 Sec. 2, 682 1911, Apr. 6, P. L. 53, Sec. 1, .••• 1097 1911, Apr. 13, P. L. 62, Sec. 1, ..•• 746 Sec. 2, 747 Sec. 3, 748 Sec. 4 749 1911, Apr. 13, P. L. 64, Sec. 1 741 1911, Apr. 21, P. L. 76, Sec. 1. .••■ 189 1911, Apr. 27, P. L. 85, Sec. 1, 496 1911, Apr. 27, P. L. 91, Sec. 1 1290 1911, May 5, P. L. 109, Sec. 1, ..■■ 1282 Sec. 2 1283 Sec. 3, 1284 Sec. 4, 1285 Sec. 5, 1286 Sec. 6, 1287 Sec. 7 1288 Sec. 8 1289 1911, May 5, P. L. 123, Sec. 1, (Amended) 1511 1911, May 5, P. L. 170, Sec. 1, 869 Sec. 2 870 Sec. 3, , 871 1911, May 5, P. L. 177, Sec. 1, 1242 Sec. 2 1243 Sec. 3, : 1244 Sec. 4, 1245 1911, May 5, P. L. 183, Sec. 1, (Amended) 164 1911, May 5, P. L. 184, Sec. 1, 215 1911, May 5, P. L. 194, Sec. 1, 162 1911, May 5, P. L. 197, Sec. 1, 170 1911, May 5, P. L. 198, Sec. 5, (Amended) '497 1911, May 11, P. L. 209, Sec. 1, , 380 1911, May 11, P. L. 244, Sec. 1, (Amended) 1358 Sec. 2 1505 Sec. 3, (Amended) 1359 Sec. 4, , 1360 Sec. 5, (Amended) 1361 Sec. 6 1362 Sec. 7, 1363 Sec. 8 1364 Sec. 9 1366 Sec. 10, , 1367 Sec. 11, 1368 Sec. 12, (Amended) 1369 ■ Sec. 13, (Amended) 1375 Sec. 14 1376 691 1911, May 11, P. L. 1911, May 11, P. L. 1911, May 11. P. L. 1911, May 11, P. L. 1911, May 11, P. L. 1911, May 11, P. L. 1911, May 12, P. L. 1911, May 18, P. L. 1911, May 31, P. L. 1911, June ^f P. L. 1911, June ^, P. L. 1911, June A,. P. L. 1911, June 1, P. L. 1911, June .A, P. L. 1911, June 7./ P. L. 1911, June 7. P. L. 244 — (Continued). Sec. 15 1371 Sec. 16, 1372 Sec. 17 1365 Sec. 18, (Amended) 1454 Sec. 19 1370 Sec. 20, (Amended) 1377 256, Sec. 1, 661 Sec. 2 662 Sec. 3 663 Sec. 4 664 Sec. S, 665 Sec. 6 666 Sec. 7 667 257, Sec. 1, 936 260, Sec. 1, 563 Sec. 2, 564 Sec. 3, 565 262, Sec. 2 1147 275, Sec. 1, (Amended) 549 Sec. 2, (Amended) 550 Sec. 3, (Amended) ...^ .... SSI 301, Sec. 1, (Amended) 219, 220 Sec. 2, 221 309, Sec. 207, (Amended) 80 Sec. 631, 690 Sec. 1125, (Amended) 347 468, Sec. 9, (Amended) 1307,1453 Sec. 12, 1467 Sec. 21 1478 Sec. 22, 1479 Sec. 23, 1480 Sec. 24, 1481 Sec. 25, 1482 Sec. 26 1483 Sec. 27, :... 1484 Sec. 28, 1485 Sec. 29, 1486 Sec. 30,. 1487 Sec. 31,. 1488 Sec. 32, 1489 Sec, 33, 1490 Sec. 34,. 1477 Sec. 35,. 1491 Sec. 36, 1492 538, Sec. 1, 55 540, Sec. 1,. ISO 542, Sec. 1, 678 556, Sec. 1, 128,155 623, Sec. 1, 580 Sec. 2, 581 Sec. 3, 582 668, Sec. 1, , 1513 668, Sec. 1, 509 692 1911. June 8, P. L. 717, Sec. Sec. 1. 2, 1911, June 9. P. L. 738. Sec. 1. 1911, June 9, P. L. 753. Sec Sec. Sec. Sec. 1. 2, 3, 4, 1911, June 9, P. L. 755, Sec. Sec. 1, 2, 1911, June 9. P. L. 834, Sec. 1. 1911, June 9, P. L. 834, Sec. Sec. Sec. Sec. 1. 2, 3. 4. 1911, June 9. P. L. 857, Sec. 1. 1911, June 10, P. L. 867. Sec. Sec. 1. 2. 1911, June 10, P. L. 868, Sec, 1. 1911, June 13. P. L. 895, Sec. Sec Sec Sec. Sec Sec Sec 1, 2, 3. 4, 5, 6. 7. 1911, June 15, P. L. 970, Sec 1. 1911, June 15, P. L. 982, Sec 1. 1911, June 15, P. L. 987, Sec. Sec Sec. Sec Sec. 4. 5. 6. 8. 10. 1911, June 19, P. L. 1039, Sec 1, 1911, June 19, P. L. 1048, Sec 1. 1911, June 20, P. L. 1072, Sec Sec Sec Sec. 1. 2. 3, 4. 1911, June 20, P. L. 1084, Sec 1. 1911, June 23, P. L. 1123, Sec Sec Sec Sec. Sec Sec Sec. Sec Sec. Sec. 1. 2. 3, 4, 5. 6. 7. 8. 9. 10, 1913, Mar. 27, P. L. 10, Sec *» 1913, Mar. 27, P. L. 11, Sec 1913, Mar. 27, P. L. 13. Sec. ■^1 1913, Apr. 2. P. L. 37. Sec ■'■1 1913. Apr. 4. P. .L 43. Sec. ^9 (Amended) (Amended) (Amended) (Amended) 426 427 227 494 97 495 161 10 II 568 1103 1104 1105 1106 329 1500 1501 450 654 655 656 657 658 659 660 1325 1510 1342 1343 1344 1345 1346 1047 1222 199 200 201 202 1221 538 539 540 173 541 542 543 544 545 546 35 145 379 220 984 693 1913, Apr. 15 P. L. 74, Sec. 1, 510 Sec. 2 511 Sec. 3 512 1913, Apr. 15, P. L. 75, Sec. 6, 834 1913, Apr. 17, P. L. 78, Sec. 1 250 1913, Apr. 18, P. L. 96, Sec. 1, (Amended) 1071 Sec. 2, (Amended) 1072 Sec. 3, (Amended) 1073 Sec. 4, 1074 Sec. 5 1075 1913, Apr. 29, P. L. 129. Sec. 1 347 1913, May 1, P. L. 155, Sec. 1 106I 1913, May 8, P. L. 157, Sec. 1, (Amended) 469 Sec. 2, 470 Sec. 4, 471 Sec. 5 472 Sec. 6, 473 1913, May, 8, P. L. 161, Sec. 1 !. 336 1913, May 10, P. L. 199, Sec. 1, 317 Sec. 2, (Amended) 318 1913, May 14, P. L. 204, Preamble 594 Sec. 1, (Amended) 595 Sec. 2 596 Sec. 3 597 1913, May 14, P. L. 207, Sec 1 1099 1913, May 20, P. L. 240, Sec. 1. 391 1913, May 20, P. L. 241, Sec. 1, 743 1913, May 20, P. L. 252, Sec 1 363 1913, May 20, P. L. 260, Sec. 1, 1092 Sec. 2, 1093 Sec 3, 1094 Sec 4, 1095 1913, May 20, P. L. 262, Sec 1, 1151 1913, May 20, P. L. 264, Sec 1 723 Sec 2, 735 See. 3, 724 1913, May 20, P. L. 267, Sec 1, 1460 Sec 2, 1461 1913, May 21, P. L. 279, Sec 1, 353,554 1913, May 21, P. L. 284, Sec 1, 856,893 1913, May 21, P. L. 285, Sec 1, (Amended) 949 1913, May 21, P. L. 287, Sec 1, 1373 Sec 2, : 1374 1913, May 23, P. L. 315, Sec 1, 219 1913, May 23, P. L. 336, Sec 1, 1476 1913, May 28, P. L. 367, Sec 1 1259 1913, May 28, P. L. 368, Sec 1, ....1189,1414 Sec 2 1190,1415 Sec 3, 1191,1416 Sec 4, 1192,1417 Sec 5, 1193,1418 1913, May 28, P. L. 377, Preamble 636 Sec 1, 637 1913, May 29, P. L. 386, Sec. 1, (Part Amended) 173,540 694 1SI13, June 5, P. L. 405, Sec. Sec. Sec. Sec. Sec. 1913, June S, P. L. 417, Sec. Sec. Sec. 1913, June 5, P. L. 419, Sec. 1913, June 5, P. L. 448, Sec. 1913, June S, P. L. 450, Sec. 1913, June 17, P. L. 507, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1913, June 25, 1913, June 25, .1913; June 25, 1913, June 25, 1913, June 27, 1913, June 27, 1913, July 12, 1913, July 21, 1913, July 21, 1913, July 24, 1913, July 24, 1913, July 24, 1913, July 26, 1915, Mar. 26, P. L. P. L. P. L. P. L. P. L. Art. P. L. P. L. P. L. P. L. P. L. P. L. 550, 559, 567, 567, 568, IV. 633, 711. 870, 878, 960, 1018, P. L. P. L. Art. P. L. 1020, 1374. V. 11, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1, ••• 764 2, .....~ ••• 765 3 .••• 766 4. 767 5. 768 1, (Amended) 1468 2, 1469 3, 1470 2, 1057 1, 388 1, 1564 1, 679 2, 779 3, 780 4, 781 5, ...., 782 6, 783 7, 769 8, 770 9, 773 10, 774 11, 775 12, 776 13, 777 14, 778 IS 680 16, 887 17, (Amended) 651 18, (Amended) 652 1, 585 1, 377 1, 289 1 171 1. 77 1 1419 4, 483 1. 151,1138 1, 163 2 237 1 549 3, 551 1 1225 2. 1226 3 1227 4, 1228 5, (Amended) 1229 1, (Amended) 1236 12, (Amended) 1499 1 857 2, 858 3, 859 695 1915, Mar. 26. P. L. 12, Sec. Sec. Sec. 1915, Mar. 30, P. L. 33, Sec. 1915, Mar. 31, P. L. 34, Sec. 1915, Mar. 31, P. L. 36, Sec. 1915, Mar. 31, P. L. 39, Sec. Sec. 1915, Mar. 31. P. L. 41, Sec. 1915, Apr. 9, P. L. 54, Sec. Sec. Sec. Sec. Sec. 1915, Apr. 14, P. L. 116, Sec. 1915, Apr. 14, P. L. 122, Sec. Sec. Sec. Sec: 1915, Apr. 15, P. L. 132, Sec. Sec. Sec. Sec. 1915, Apr. 21, P. L. 139, Sec. 1915, Apr. 21, P. L. 140, Sec. Sec. Sec. 1915. Apr. 21, P. L. 157, Sec. 1915, Apr. 21, P. L. 159, Sec. Sec. 1915, Apr. 23, P. L. 174, Sec. 1915, Apr. 23, P. L. 174, Sec. 1915, Apr. 28, P. L. 195, Sec. 1915, Apr. 28, P. L. 198, Sec, Sec. 1915, Apr. 29, P. L. 200, Sec. Sec. Sec. 1915, Apr. 29, P. L. 202, Sec. 1915, May- 3, P. L. 217, Sec. 1915, May 3, P. L. 226, Sec. Sec. Sec. 1915, May 3, P. L. 242, Sec. 1915, May 5, P. L. 258, Sec. 1915, May 6, P. L. 274, Sec. Sec. Sec. Sec. Sec. Sec. 1915, May 13, P. L. 302, Sec. 1915, May 14, P. L. 487, Sec. 1915, May 14, P. L. 489, Sec. 1. 1071 2, 1072 3 1073 1, 1102 1, 210 1, (Amended) 590 1 7:^1 2, 772 1. 59,167 1, (Amended) 194 2 195 3 196 4 197 5 198 1, 1454 1, (Amended) 1029 2, 1030 3, (Amended) 1031 4, 1032 1, (Amended) 60S 2, (Amended) 606 3, (Amended) 607 4, 608 1, 77 1, 975 2, 976 3, 977 1, 494 1, 1033 2, 1034 1 125 1, 1082 1, 633 1, 114 2 115 1, 176 2 177 3, 178 1, H. 469 1, 989 1, 216 2, 217 3, 218 1, 614 1, 826 1, 20 2, 21 3, 22 4, 23 5, 24 6, 25 1, 172 1, 1097 2, 751 191S, May 14, P. L. 505, Sec. 1915, May 14, P. L. 532, Sec. 1915, May 28, P. L. 599, Sec. 1915, May 28, P. L. 614, Sec 1915, May 28, P. L. 639, Sec. 1915, June 1, P. L. 659, Sec. Sec. Sec Sec Sec 1915, June I. P. L. 660, Sec. 1915, June 1. P. L. 677, Sec Sec 1915, June 1, P. L. 706, Sec Sec 1915, June 1. P. L. 708, Sec. 1915, June 1. P. L. 711, Sec 1915, June 4, P. L. 807, Sec 1915, June 4, P. L. 815, Sec. Sec 1915, June 5, P. L. 846, Sec. Sec. S«c Sec. Sec 1915, June 5, P. L. 852, Sec Sec. Sec Sec Sec Sec Sec Sec Sec. Sec Sec Sec. Sec Sec Sec Sec Sec Sec. Sec. Sec Sec 1915, June 7, P. L. 870, Sec. Sec Sec Sec. Sec. Sec Sec. 1915, June 8, P. L. 915, Sec 1915, June 8, P. L. 926, Sec 1 497 1, 579 3 685 2 226 1 ..■■ 1215 1, 727 2, 728 3, 729 4, 730 5 731 1 949 1, 189 2, 189 1, • .■■ 348 2, 349 1, 1466 1 1241 1, (Amended) 461 1, 575 2 576 1, 643 2, 644 3 638 4 639,645 5 646 1. 1514 2, 1515 3 1516 4, 1518 5, 1519 6 1520 7 1521 8, 1522 9 1523 10 1524 11 1525 12, 1526 13 1527 14 1528 IS 1529 1<5, 1530 17, 1517 18 1531 19. 1532 20 1533 21 1534 1, (Amended) 598 2, (Amended) 599 3, (Amended) 600 4, (Amended) 601 5, (Amended) 602 6. 603 7 604 1 135 IS 562 697 1915, June 11. P. L. 938, Sec Sec 1915, June 11. P. L. 942, Sec. Sec. 1915, June 17, P. L. 1008, Sec. Sec. Sec Sec 1917, Mar. 20, P. L. 6, Sec 1917, Mar. 22, P. L. 9, Sec. 1917, Mar. 23, P. L. 12. Sec. 1 Sec Sec Sec Sec. Sec Sec Sec Sec Sec. Sec Sec Sec S«c See. Sec. Sec 1917, Apr. 5, P. L. 43, Sec. 1917, Apr. 5, P. L. 52, Sec 1917, Apr. 12, P. L. 74, Sec. Sec. Sec Sec 1917, Apr. 12, P. L. 78, Sec. 1917, May 3, P. L. 137. Sec Sec Sec 1917, May 10, P. L. 158, Sec Sec. 1917, May 10, P. L. 184, Sec 1917, May 17, P. L. 202, Sec. 1917, May 17, P. L. 221, Sec Sec 1917, May 17, P. L. 235, Sec Sec Sec 1917, May 17, P. L. 237, Sec. 1917, May 18, P. L. 240, Sec. Sec 1917. May 22, P. L. 260, Sec 1917, May 24, P. L. 270, Sec Sec 1, 230 3 231 2 1031 3. 1032 1, 610 2 611 3 612 4 613 1, 1468 1, 390 1 1378 2 1379 3 1380 4 1381 5, 1382 6 1383 7, 1384 8 1385 9, 1386 10, 1387 11 1388 12 1389 13 1390 14, 1391 15 1392 16 1393 17, 1394 1 345 1 1224 1, (Amended) 598 2, 599 3, 600 4 601 1, (Amended) .••• 605 1 1502 2, 1503 3, 1504 1, 1062 2, 1063 1 1307,1453 1, 318 1, .••. 845: 2 v 846 1, (Amended) •.. 1471 2, 1472 3 1473 1 440 l] «3 2, ■♦24 1, •■• 153 1, .■•■ 954 2, 955 wa 1917, May 24, P. L. 1917, May 24, 1917, May 24, 1917, May 24, 1917, May 24, 1917, June 7, 1917, June 7, 1917, June 23, 1917, June 28, 1917, June 28, 1917, July 5, P. L. P. L, P. L. P. L. P. L. CI P. L. CI, CI. CI, 1917, June 7, P. L. 1917, June 7, P. L. P. L. P. L. P. L. P. L. 276, Sec. 1 .••• 1194 Sec. 2, (Amended) 119S Sec. 3, ;... 1196 Sec. 4, (Amended) 1197 Sec. 5, 1199 Sec. 6, 1200 Sec. 7, 1202 Sec. 8, 1198 Sec. 9, 1201 Sec. 10, 1203 Sec. 11, 1204 Sec. 12, 1205 Sec. 13, 1206 Sec. 14, 1207 Sec. IS, (Amended) 1208 Sec. 16, 1209 Sec. 17, 1210 Sec. 18, 1211 291, Sec. 1 14SS Sec. 2, 1456 Sec. 4, 1457 297, Sec. 1 1155 Sec. 2, 1156 Sec. 3 1157 Sec. 4, 1158 Sec. S, 1159 Sec. 6 1160 Sec. 7 1161 299, Sec. 1 583 304, Sec. 1, 493 363, Sec. 7, 346 (c) Sec. 8, 238 Sec. 8 58,504 415, (a) Sec. 1 84 (b) Sec. 1, 94 (c) Sec. 1, 95 Sec. 2, 501 570, Sec. 1, 137 Sec. 2, 138 Sec. 3, 139 600, Sec. 1, 314 Sec. 2, 31S Sec. 3, 316 645, Sec. 1, 878 646, Sec. 1, 1351 Sec. 2, 13S2 650, Sec. 1, 1029 693, Sec. 1, 1139 Sec. 2 1140 Sec. 5 1142 Sec. 6 1143 Sec. 9, 1145 Sec. 11, 1146 699 1917, July S, 1917, July 1917, July 6, 6, 1917, July 6, 1917, July 1917, July 1917, July 1917, July 1917, July 1917, July P. L. 693— (Continued). Sec. 12, 1141 Sec. IS, 1144 P. L. 747, Sec. 1, 650 P. L. 7S0, Sec. 1 588 Sec. 2, 589 P. L. 752, Sec. 1, 1069 Sec. 2, 1070 P. L. 777, Sec. 1, 1511 P. L. 799, Sec. 1 SSO P. L. 802, Sec. 1, 672 P. L. 803, Sec. 1 502 P. L. 807, Sec. 1, 1212 P. L. 818, Sec. 1, 990 Sec. 2, 991 Sec. 3, 992 Sec. 4, 993 See; 5, -994 Sec. 6, 995 See; 7, 996 Sec. 8, 997 Sec. 9, 998 Sec; 10, 999 Sec; 11, *. 1000 _ Sec; 12, 1001 Sec. 13 1002 Sec. 14, 1003 Sec. 15, 1004 Sec, 16, 1005 See. 17, 1006 Sec. 18, 1007 Sec. 19, 1008 Sec. 20, 1009 Sec. 21, 1010 Sec. 22, 1011 Sec. 23, 1012 Sec. 24, 1013 Sec, 25, 1014 Sec. 26, ;. ~ 1015 Sec. 27, 1016 Sec. 28, 1017 Sec. 29, 1018 Sec. 30, 1019 Sec, 31, 1020 Sec. 32, 1022 Sec. 33, 1023 Sec, 34, 1024 Sec. 35, 1025 Sec, 36 1026 Sec. 37, 1021 Sec. 38, 1027 SSec. 39 1028 700 1917, July 14, P. L. 840, Sec. 120, (Amended) 707 Sec. 121. 708 Sec. 160, 709 Sec. 161, 710 Sec. 170, 839 Sec. 171 840 Sec. 183 847 Sec. 274, 838 Sec. 27S 852 Sec. 303, 750 Sec. 365, 841 Sec. 366, 853 1917, July 17, P. L. 1025, Sec. 1, 1499 1917, July 18, P. L. 1040, Sec 1 1474 1917, July 18, P. L. 1042, Sec. 1, (Amended) 392 Sec. 2, (Amended) 393 1917, July 18, P. L. 1083, Sec. 1 1064 Sec. 2, 1065 Sec. 3 1066 P. L. 1084, Sec. 1, 429 P. L. 1085, Sec. 1, 657 P. L. 1086, Sec. 1 241 Sec. 2 242 P. L. 1102, Sec. 1 549 P. L. 1115, Sec. 1 143 P. L. 1122, Sec. 1 , 615 P. L. 1141, Sec. 1, 156 P. L. 1143, Sec. 1 1535 Sec. 2, 1536 Sec. 3, 1537 Sec. 4, 1538 Sec. 5, 1539 Sec. 6, 1540 Sec. 7 1541 Sec 8, 1542 Sec 9, 1543 Sec 10 ...." 1544 Sec 11 1545 Sec 12 1546 Sec 13, 1547 Sec 14, 1548 Sec IS 1549 Sec 16, 1550 Sec 17 1551 Sec 18 1552 Sec 19 1553 Sec 20, 1554 Sec 21 1555 Sec 22 1556 Sec 23 1557 Sec 24, 1558 Sec 25, 1559 Sec 26 1560 Sec. 27 688,1561 1917, July 18. 1917, July 18. 1917, July 18, 1917, July 19, 1917, July 19, 1917, July 19. 1917, July 20, 1917, July 20. 701 1917, July 20, P. L. 1143— (Continued). Sec 28 1562 Sec. 29 156.3 1917. July 20, P. L. 1151, Sec. 2 1129 Sec. 3 1130 Sec 4, 1131 Sec S 1132 Sec 6 1133 Sec 7 1134 Sec 11 1135 Sec 17 1136 Sec 18, ii3f P. L. 1158, Sec 1, (Amended) 126 Sec 2 127 P. L. 19, Sec 1, 1229 P. L. 21, Sec 1, 1458 P. L. 31, Sec. 1 464 Sec 2, 465 P. L. 33, Sec. 1 446 P. L. 35, Sec 1, 722 P. L. 37, Sec 1, 392 Sec 2 393 P. L. 38, Sec 1 721 P. L. 41, Sec 1 500 P. L. 41, Sec 1, 355 P. L. 45. Sec 3, 313 P. L. S3. Sec 1, 165 Sec 2, 166 P. L. 78, Sec 1 674 Sec 2, 675 P. L. 83, Sec 1 453 P. L. 90, Sec 1 595 P. L. 100, Sec 1, 274 Sec 2, 275 Sec 3 276 P. L. 101, Sec 1, 590 P. L. 110, Sec 1, 194 P. L. 129, Sec 1 319 Sec 2 320 Sec 3, 321 P. L. 130, Sec 1 1076 Sec, 2 1077 Sec 3, 1078 Sec 4, 1079 Sec 5, 1080 1919, May 8, P. L. 138, Sec 1, 296 Sec 2, 297 Sec 3 298 Sec 4. 299 Sec. 5 300 Sec 6, 301 Sec 7, 302 Sec 8 303 Sec 9, 304 1917. July 20, 1919, Mar. 14. 1919, Mar. 21, 1919, Apr. 2. 1919, Apr. 1919, Apr. 1919, Apr. 2, 4, 4. 1919, Apr. 1919, Apr. 1919, Apr. 1919. Apr. 1919. Apr. 4. 4. 4, 4. 18. 1919, Apr. 18, 1919, Apr. 1919. Apr. 1919, May 18, 18, 1, 1919, May 1919, May 1919, May 1. 2, 8. 1919, May 8, 702 1919, May 8, P. L. ISS—CContinued). Sec. 10, 305 Sec. 11, •••• 306 Sec. 12, •••• 307 Sec. 13, .••• 308 Sec. 14, ••■■ 309 Sec. IS •••• 310 Sec. 16, ; •••• 311 1919, May 8, P. L. 160, Sec. 1, •■•• 284 Sec. 2 .•■• 285 Sec. 3, ••• 286 1919, May 8, P. L. 163, Sec. 1, •••• 414 Sec. 2, •••• 415 1919, May 16, P. L. 196, Sec. 1, ••■• 1260 Sec. 2, •••• 1261 Sec. 3, •••• 1262 Sec. 4, -•• 1263 Sec. 5, ■••• 1264 Sec. 6, .••• 1265 Sec. 7, .•■• 1266 Sec. 8, •••• 1267 Sec. 9 ••• 1268 Sec. 10, .••■ 1269 Sec. 11, .••• 1270 Sec. 12, .••• 1271 Sec. 13, 1272 Sec. 14, .••• 1273 199, Sec. 1, ••• 1428 Sec. 2, 1429 205, Sec. 1, ..■• 571 239, Sec. 1, 931 242, Sec. 24, 282 Sec. 25, 283 255, Sec. 1, 1162 Sec. 2 1163 Sec. 3 1164 Sec. 4, 1I6S Sec. 5, 1166 - Sec. 6, 1167 Sec. 7, 1168 Sec. 8, 1169 Sec. 9, 1170 Sec. 10, 1171 Sec. 11, 1172 Sec. 12, 1173 Sec. 13, 1174 Sec. 14, 1175 Sec. 15, 1176 Sec. 16 1177 292, Sec. 1, 587 294, Sec. 1, 598 297, Sec. 1, 189 355, Sec. 1, ' 1236 369, Sec. 1, 462 1919, May 16, P. L. 1919, May 17, P. L. 1919, May 23, P. L. 1919, May 23, P. L. 1919, May 23, P. L. 1919, May 26, P. L. 1919, May 26, P. L. 1919, May 27, P. L. 1919, May 31, P. L. 1919, June 3, P. L. 703 P. L. 369— (Continued). Sec. 2, 463 P. L. 370, Sec. 1 444 Sec. 2, 44.S P. L. 371, Sec. 1, 208 P. L. 374, Sec. 1, HOO Sec. 2, 1101 P. L. 381, Sec. 1 897 P. L. 383, Sec. 1 461 P. L. 393, Sec. 1, 173 P. L. 39S, Sec. 1, 1471 P. L. 414, Sec. 1. 1195 Sec. 2, 1197 Sec. 3 1208 P. L. 425, Sec. 1, 602 P. L. 437, Sec. 1, 474 Sec. 2, 475 P. L. 444, Sec. 1, 293 Sec. 2 294 Sec. 3, 295 P. L. 450, Sec. 1, 1475 P. L. 452, Sec. 1, 691 P. L. 476, Sec. 1, 239 Sec. 2, 240 P. L. 501, Sec. 1, 707 P. L. 511, Sec. 1, 1181 Sec. 2 1182 P. L. 513, Sec. 1, 1462 Sec. 2, 1463 Sec. 3, 1464 P. L. 517, Sec. 1, 80 P. L. 519, Sec. 1 598 P. L. S81„ Art. IV, Sec. 3, 78 Art. XV, Sec. 1, •••• 827 Sec. 2, 828 Sec. 3 829 Art XVI, Sec. 3, 79 1919, June 30, P. L. 678, Sec. 9, 560 Sec. 28, 561 P. L. 727, Sec. 1. 476 P. L. 733, Sec. 1, 126 P. L. 738, Sec. 1, 1375 Sec. 2, 1377 P. L. 761, Sec. 1, 1330 Sec. 2, 1331 P. L. 762, Sec. 1, .• . • 1096 P. L. 770, Sec. 11, 499 P. L. 784, Sec. 1, 1058 P. L. 784, Sec. 1, ■ 1085 Sec. 2, 1086 ^ Sec. 3, ..T 1087 Sec. 4, .... 1088 Sec. S 1089 Sec. 6, 1090 Sec, 7, 1091 1919, June 3, ,1919, June 3, 1919, June 3, 1919. June 4, 1919, June 4, 1919, June 4, 1919, June 5. 1919, June 5, 1919, June 7. 1919, June 7. 1919, June 7, 1919, June 12, 1919. June 12, 1919. June 12, 1919. June 12, 1919, June 18, 1919, June 20, 1919, June 20, 1919, June 20, 1919, June 20, 1919, June 25, 1919, July 1919, July 1919. July 7, 8, 8, 1919. July 8. 1919. July 1919. July 1919, July 1919, July 8, 8, 8, 8, 704 1919, July 9. P. L. 795, Sec. 1919, July 10, P. L. 887, Sec Sec. Sec Sec 1919, July 10, P. L. 893. Sec. Sec Sec. Sec 1919, July 12, P. L. 918, Sec . Sec Sec Sec 1919, July 15, P. L. 955, Sec. 1919, July IS, P. L. 958, Sec. 1919, July IS, P. L. 961, Sec. 1919, July 17, P. L. 992, Sec Sec Sec 1919, July 17, P. L. 995, Sec 1919, July 17, P. L. 1001, Sec 1919, July 17, P. L. 1005. Sec. 1919, July 17, P. L. 1021, Sec 1919, July 17, P. L. 1035, Sec 1919, July 17, P. L. 1036, Sec 1919, July 21, P. L. 1057, Sec 1919, July 21. P. L. 1070, Sec. 1919, July 22, P. L. 1093, Sec. Sec Sec Sec. Sec Sec Sec Sec Sec. Sec Sec Sec. Sec Sec, Sec Sec 1919, July 22, P. L. 1097, Sec 1919, July 22, P. L. 1113, Sec 1919, July 22, P. L. 1116. Sec 1, ■ 128,129,158 1. ' 3 2 4 3. S 4. 6 12 582c 13 S82a 14. 582b 16, 582b 1, 1358 2, 1359 3 1361 4, 1369 1, 651 1 652 1, 169 1. 605 2 606 3, 607 1. 449 1 225 1, ..•■ 739 1, 683 1. 152 1. 112 1, 720 1 32 1, 699 2, 811 3, 700 4, 812 5, 813 6, 814 7, 815 8, 816 9, 817 10. 818 11 819 12. 820 13. 821 14. 822 IS 823 16. 701 18. Par. 2, 404,490 1 431 1 164 INDEX. RErFERENCES ARE TO SECTIONS. Sec. ACTIONS BY AND AGAINST COUNTIES. Against county commissioners. Neglect or misconduct in erection of certain new bridges, 1317-1319 Against defaulting officers. Cost of preparing records as law contemplates, 278 Appeals in behalf of county by taxpayers 1572 Collection of awards in eminent domain, 1038 Commonwealth against counties. Affidavit of defense not required, 1574 Certain provisions extended to, . ■ • ' 1574 Contractor building bridge. County joining with borough 1340 County joining with third class city, • 1335 County joining with townships, first class, 1345 New bridge in place of municipal bridge entered on record as county bridge, 1316 Suit for deviations from contract plan, 1233 Debt for purchase money on tax sales, 942 Enforcement of contracts by railroad companies for use, etc., of county bridge 1350 Equity. Appeals, county not required to give security, 1573 Certain procedure not to apply when county is libellant, . . 1573 Hearing to be expedited 1573 Execution against county, 1571 ' Jurors, competency to serve as, 1570 Recovery from county of share of expenses of State-aid high- way, ^ 1490 Recovery of claims by county. Damages under "Dog Law/' 1017 Form of action, 1569 Jurisdiction of justices of the peace, 1569 ' Recovery of excess of cost paid in construction of bridge on boundary line, 1221 Sue and be sued by corporate name, 555 Suits against county, service on commissioners 1568 Suits by county to be brought by commissioners 1568 Witnesses, competency of, 1570 ADVERTISEMENTS, (See NOTICES.) (705) 45 706 i Set AGRICULTURE. Appropriations to agricultural or horticultural societies, 593 Extension work at Pennsylvania State College. Appropriations for, 594-597 Headquarters in county court house, 596 ALIENS. Deduction from wages of, for payment of taxes, 879, 880 Not to be employed on public work 1067 Unnaturalized foreign born residents, subject to taxation, 681, 682 ANNEXATION OF PART OF ADJOINING COUNTY, 20-25 APPROPRIATIONS. Agriculture, promotion of. Agricultural or horticultural societies, 593 Pennsylvania State College, 594-597 Armories, 586, 587 Bridges. City bridges benefiting neighboring townships, 1330 Wholly or partly within single municipality, 1207 Comfort stations, to assist city or borough in construction and maintenance at county seat 1096 Historical Societies , 590-592 Hospitals, 579 Improving streets on and along grounds of public buildings, • • 1083 Investigation for control of floods in counties between 1,400,000 and 800,000, 567 Libraries, Law. Additional, for support and maintenance of, 1567 Directed by president judge, 1564 Libraries, public. Establishment and maintenance 1537 Already existing where new library cannot be established, 1555 Not established under Act of July 20, 1917, P. L. 1143, 1546 Use of existing library 1548 Memorial Day exercises, 583-585 Mounments and memorials. Foreign wars prior to July 4, 1902, 1099 Preservation, maintenance and repair, 1102 War with Germany and Austria, 1100,1101 Mothers' assistance fund, 582a-S82c Pension fund in counties between 1,500,000 and 1,000,000, 302 Playgrounds, gymnasiums, baths, etc., maintaining and operating, 1091 Regulation of streams and control of floods, 563 Rest or waiting rooms in court house, 1082 Rifle clubs in time of war, 588, 589 Roads. Improvement of, outside of cities or boroughs, connecting with State or State-aid highways 1476 State, and State-aid highways, improvement and mainte- nance, 1475 State-aid, improvement and naaintenance, 1479, 1488, 1490 707 Sec. APPROPRIATIONS— (Continued). Schools for boys in counties between 1,200,000 and 750,000, 1151 Schools for boys in counties between 1,200,000 and 300,000, 1150 Schools for juvenile delinquents, 1145, 1146 To corporations, etc., prohibited, 653 Tuberculosis sanatorium 580-582 ARMORIES. Appropriatiorii for, 586 Land may be conveyed for 586 Memorial halls used for, in counties above 150,000, 1114 ASSESSORS. (See TAX ASSESSOR.S.) AUDITORS (See alo COUNTY OFFICERS.) Abolished. In counties of 100,000 and over, 35 Office of controller created by decree of court 38 Audit accounts of treasurer for collection of school, road and other municipal taxes, 916 Books and records to be kept open for inspection, 288 Compensation, (See COMPENSATION; FEES; SALARIES.) Controller in place of, on petition to court, 37 Counsel employed by, 380 Duties, 362-365 Election of, 33 Incompatible offices, 68, 69, 80 Meetings, 361 Oaths, power to administer, 367 Office and records to be kept at seat of justice, 257 Quorum, 362 Reports of. \, * Annual, publication of 379 Appeals from, 372-377 Execution issued on, 378 Filed in court, eflfect of, 371 Sinking fund commission, member of. Counties generally 654 Subpoenas and attachments issued by 366 Term, commencement of, 34 Vacancies, filling of, 33 BATHS, public, 1085-1089 BONDS AND RECOGNIZANCES. Actions on, for failure to prepare and keep indices to records, 266 Additional security, 116, 117 Board of library directors, treasurer of, 1544 Clerk of court, 96 Clerk of court — Deputy, acting in case of vacancy, 290 Clerk of court — minute clerks, in counties between 1,500,000 and 800,000, 500 Controller. Counties between 1,500,000 and 800,000, 114 Counties over 100,000, 87 Office created by decree of court, 88 708 BONDS AND RECOGNIZANCES— (Continued). See. Coroner. Counties between 1,500,000 and 800,000, 114, 1 IS Counties generally, • • • • 105-113 County commissioners. Counties between 1,500,000 and 800,000, 114 Counties generally 85 County commissioners — clerk of, 86 Custody of. Counties above 100,000, 385 Office of controller, created by decree of court, 397 New bonds to be given, 118 Premiums paid by county, 119 Prothonoatry. Counties between 1,500,000 and 800,000, 114,115 Countiese generally, 96 Prothonotary — deputy. Acting in case of vacancy, 290 Counties betweeen 1,000,000 and 250,000, 97 Prothonotary — minute clerks, in counties between 1,200,000 and 750,000 496 Recorder of deeds. Counties between 1,500,000 and 800,000, 114, 115 Counties generally, 93 Recorder of deeds — deputy, acting in case of vacancy, 290 Register of wills. Counties between 1,500,000 and 800,000, 114, 115 Counties generally, 94, 95 Register of wills — deputy, acting in case of vacancy 290 Sheriff. Counties between 1,500,000 and 800,000, 114, 115 Counties generally, 98-113 Tax collector, (See TAX COLLECTOR— Bond.) Treasurer. Additional security required 409 Appointed to fill vacancy, 43 Auditor General to deliver up bonds of 92 Certified copy as evidence, 91 In counties between 1,500,000 and 800,000, 114, 115 In favor of Commonwealth, 90 In favor of county, 89 Treasurer of pension board in counties between 1,500,000 and 1,000,000, 299 BOUNDARIES. Bridges on or near 1220, 1221 Fixing of, on decree of quarter sessions, 25 Map on draft of line , 15 New line, establishment of, 14 Survey of line. Appointment of commission 10, 11 Compensation and expenses of commission, 16, 17 Location and marking of old line 13 Organization and qualification of commission 12, 13 Report of commission, 15 jg 19 709 Sec. BRIDGES, VIADUCTS AND CULVERTS. Between different municipalities. Bridge or culvert, authorization of, 1212-121S Cities and boroughs in different counties 1215 Construction on order of court, 1215 Ground for approaches, 1216 Location, 1213 Petition of tax payers 1212 Purchase of existing bridge, 1219 Bond issues 1223 Bridges for pedestrians only, 1222 Building by State when debt of county would exceed constitu- tional limit, 1242-1245 Closing, vacating, abandonment and removal, 1241 I Contracts for building when bridge is destroyed before com- pletion and rebuilt by State. Cancellation 1247 Unexpended balance of price contributed to State, 1246 Contracts for building when cost exceeds $250, . . . '. 1230-1233 Contracts for painting and tightening bolts of iron and steel bridges when cost exceeds $250, 1236 Contracts for repair, building and rebuilding bridges, costing $500, or over, 1225-1229 Contracts for use of, etc., by railroad companies, 1349, 1350 Culverts on roads, land taken for 1363 Culverts or drains not to raise highway above ordinary grade, 1510 Damages for property and materials taken, 1189-1193 Destroyed. Privately owned, etc., taken over by county, 1298-1302 Rebuilding by State, 1246-1259 Temporary substitutes, 1237 Donated to county 1304-1306, 1329 Embankments and causeways too expensive for townships en- tered on record as county improvement, 1324 Expenses joi inspection or view, 1188 Grade crossings eliminated, 1259 "Highway" includes certain causeways or bridges, 1477, Hindering navigation, prohibited, 1178, 1179 Lighting, 1224 Materails. Searching for and procuring on adjoining lands, 1183-1186 Use of by State in rebuilding bridges destroyed before com- pletion, 1247 Municipal bridges, assisting in building. Boroughs, 1327 Townships and third class cities, 1325, 1326 Municipal bridges, contracts for joint action on. Borough bridges and viaducts, 1337-1341 Cities, third class, where county is authorized to build, 1332-1336 City bridges benefiting neighboring townships, 1330, 1331 Township, first class, bridges and viaducts, •■ 1342-1346 Municipal bridges donated to county, 1329 710 Sec BRIDGES, VIADUCTS AND CULVERTS— (Continued.) Municipal bridges entered on record as county bridge. Between borough, and township, too expensive for muni- cipalities, 1320 Bridge county has assisted to build, 1328 Change in course of road to accommodate new bridge, 1310, 1311, 1323 New bridge, when existing bridge insufficient 1308-1319, 1323 Procedure, 1308 Township bridges over or under railroad when new road is opened 1321, 1322 On county line. I Contracts for building when cost exceeds $250, 1230 Donated to counties jointly, 1304-1306 Maintenance and repair of certain bridges rebuilt by State, 1256 Temporary substitutes, for destroyed bridge, 1237 Toll bridges 1290-1303 On or near county line. Authorization by joint action of counties, 1220 Joint contracts and inspection, 1221 Over canals and railroads. Extension of laws to, 1180 Painting iron or steel bridges, 1235, 1236 Protection of. Carrying unenclosed fire over, prohibited 1355, 1356 Provisions extended to iron bridges, 1357 Riding, driving or leading animals faster than walk, pro- hibited, 1353, 1354 Speed of power-driven vehicles, 1351, 1352 Taking private property to widen, etc., unnavigable streams, 1181, ii82 Rebuilding by county 1238-1240 Rebuilding by State. Bridges destroyed before completion, 1246-1248 Bridges over navigable streams destroyed by flood or wind storm 1249-1259 Certain bridges on State highways, 1260-1271 Maintenance and repair by county, 1256 1273 Rppalr, ' 1234 Tightening bolts of iron or steel bridges 1235, 1236 Toll bridges, destroyed and abandoned, taking over and re- building, 1302, 1303 Toll bridges, destroyed and rebuilt at another site, taking over and rebuilding on old site, 1298-1301 Toll bridges, purchase or condemnation. By municipalities, contract to pay part of cost, 1347, 1348 Connecting different municipal divisions of county 1282-1289 On county line, certain privately owned bridges, 1290-1297 On route of State highway, county to pay part of expense of freeing, j3Q7 Privately owned bridges on which toll may be charged, . . 1290-1297 Privately owned or built by public subscription on county T tl'"'' iv'i'-l 1298-1301 1 o be public bridge, J28i 1289 711 BRIDGES, VIADUCTS AND CULVERTS— (Continued.) Toll bridges, purchase or condemnation — (Continued). Tolls or rentals for special use 1281, 1289 Wholly within county 1274-1281 Viewers, surveyors and artists, compensation of 1187 Wholly or partly within single municipality. Approval of State or federal authority 1195 Bridges and approaches authorized on approval of grand jury and court 1194 Contracts for construction, 1205, 1388 Eminent domain, 1194, 1196-1204 Location, construction, operation and maintenance au- thorized, 1378-1387 Maintenance, 1211 Part of cost paid by city or borough , . . 1210 Plans and surveys 1195 Prelirninary surveys, etc., entry on private property for, 1196 To be county bridge, 121 1 Use of by street railways, 1206 Use of municipal road$ and streets, 1194, 1209 BUILDINGS, (See also REAL PROPERTY.) Altering, adding to and enlarging, 1044 Construction. Plans to be submitted to court 1059 Contracts for public work. Bond, additional to protect labor and material-men, . ■ 1062, 1063 Cost exceeding $1,000, separate specifications and contracts for certain items, 1061 Letting, 1059 List of quantities of materials required, 1060 Stipulate, citizens only to be employed, 1068 Validation of certain, 1070 Workingmen's Compensation Act of 1915, , 1064-1066 County farm, work house and reformatories, 1129-1137 Court house. Disorderly conduct in and about, 1051-1053 Employes, employment and compensation, 1055 Headquarters for agricultural extension work in 596 Rest or waiting rooms, joining with municipality in equip- ping and maintaining, 1082 Temporary, 10445 Watchmen, • • 1054 Erection authorized, 1046 Flags, display of, authorized, 1057 Ground, purchase or condemnation, 1047 Gymnasiums, public baths, swimming pools and indoor recreation centers, • 1085-1089 Hospitals, contagious disease, constructed and maintained by county, • - • 1155-1 161 Hospitals, infectious disease, in connection with poor house, 1152 Hospitals, joint county and third class city 1162, 1174, 1175 712 BUILDINGS— (Continued). Sec. Jails. Constructed so as to permit separate confinement, 1121 Disorderly conduct in and about 1051-1053 Erection of additional ^buildings and purchase of ground. . . 1119, 1120 Watchmen ■ 1054 Joint county and city. Under Act of April 18, 1913, P. L. 96, 1071-1075 Under Act of May 8, 1919, P. L. 130 1076-1080 Juveniles awaiting trial,- room or building for confinement of, 1138 Land not needed for, may be sold, 1116 ' Libraries, free, public, nonsectarian, 1556 Light and fuel. Operation of gas wells for, 569 Memorial halls. Counties between 1,400,000 and 800,000 1097 Counties above 150,000, 1109-1115 Counties over 50,000, 1098 Counties generally, 1103-1108 On public square, rebuilding on another public square, .... 1081 Poor houses, additional when present not sufficient, 1052 Prison labor authorized, 1056 Public work. Citizens only to be employed, 1067 Required to be done within certain territorial limits, 1069, 1070 Repair, to be kept in, 1044 Rooms for meetings of veterans and sons of veterans, 1058 Schools for boys in counties betweeen 1,200,000 and 300,000, •• 1148 Schools for juvenile delinquents, 1142 Streets on or along grounds of, joining with city in improving, 1083, 1084 Title to, vested in county, 1043 Workhouses, 1122-1128 CANALS AND WATERWAYS. Aid in construction of certain, 610-613 Bridges, viaducts and culverts over, 1180 CITIES. Over 300,000 coextensive with county, city and county officers, 322 Part of county, 2 CIVIL SERVICE 293-295 CLASSIFICATION 3.5 Ascertainment of class, 4 Division into classes 3 Legislation according to class, S Prior acts to remain in force 5 CLERK OF COURT, (See also COUNTY OFFICERS.) Assessors and assistants, list of, to be prepared and delivered to commissioners 7j2 Bond, gg Actions on, for failure to prepare and keep indices to records, 266 Clerk of municipal court in Philadelphia 433 Compensation, (See COMPENSATION; FEES; SALARIES.) 713 CLERK OF COURT— (Continued). Sec. Deputy. Act in case of vacancy, 290, 291 Bond, when acting in case of vacancy 290 Deputy or clerks assigned to judge, 292 Elections. In certain counties over 30,000, . . , 55 In counties by name, 52 In counties of 40,000, created separate judicial districts, . . 54 In counties of 40,000, not created separate judicial districts, S3 General duties, 498 General powers 480 Incompatible offices, 63, 73, 74, 75 Minute clerks in counties between 1,500,000 and 800,000, 500 Not to practice in court in which he serves, 75 Notices, duties and liabilities in publication of, 254 Oaths, power to administer, 481, 482 Office and records to be kept at county seat, 256, 257 Records. Indices, mode of preparing and keeping changed, 267 Indices, new, to be prepiired 268, 270 Indices to be prepared and kept, 266 Indices, uniform system in counties between 1,500,000 and 1,000,000, 274-276 Kept and left as law contemplates 277 Submitted to judges annually, 263 Temporary appointments, 484 Township officers, names, etc., to be certified to State Highway Commissioner, 499 Vacancies, filling of, 60 CLERK OF ORPHANS' COURT, (See REGISTER OF WILLS.) COMFORT HOUSES. Counties between 1,400,000 and 800,000, 1092-1095 Joint, with city or borough at county seat, 1096 COMMISSIONERS, (See COUNTY COMMISSIONERS; JURY COM- MISSIONERS.) COMPENSATION, (See also FEES; SALARIES.) Agents of Commonwealth in counties coextensive with first class cities, 123 Auditors, 143, 144, 351 By salary in counties over 150,000, 120, 121 Clerk of court, minute clerks in counties betweeen 1,500,000 and 800,000, 500 Controller, solicitor of, in counties between 260,000 and 100,000, 393 County officers. Furnishing information to officers of Commonwealth, 312 Detectives.' Counties below 100,000, 476 Special detectives, 479 714 Sec. COMPENSATION— (Continued.) District attorney, assistant. Counties between 150,000 and 90,000 449 Counties less than 150,000, how paid, 160 Special cases, 455 Engineer, 414 Increase or diminishment prohibited, 29 Jury commissioners, 171 Jury commissioners' clerk, ~ 536, 537 Prothonotary, minute clerks in counties between 1,200,000 and 750,000, 496 Solicitor, fixed by county commissioners, 411 Surveyor, ' 44 Returns of unseated lands for taxes, 918 Tax assessors. Assistant township assessor, 707 Boroughs and townships, 722 Interpreters in counties below 200,000, 730 Making supplement assessments for certain purposes, 743 Mileage allowed when, •, ■ • 725 Third class cities 721 Township, first class, 723, 724 Tax assessors — assistant. Townships, first class, 723, 724 Tax assessors — subordinate. Counties betweeen 1,500,000 and 800,000, 700 Counties between 800,000 and 300,000, 824 Tax collector. Boroughs and townships, 856, 893 Generally, 855 Treasurer. Certificates of payment of taxes on unseated lands 924 Collection of school, road and other municipal taxes, 915 Commission and expenses in sale of pamphlet laws, 405 Fixing of, 147, 148 Treasurer of pension board in counties between 1,500,000 and 1,000,000, 299 Viewers, board of, 173 CONTRACTS. Bridges. Building when cost exceeds $250, 1230-1233 Cancellation when bridge is destroyed before completion and rebuilt by State, 1247 Iron or steel, painting and tightening bolts when cost exceeds $250, 1236 Joint action on municipal bridges and viaducts 1330-1348 Repair, building and rebuilding bridges costing $500, or over, • 1225-1229 Bridges — construction of. Municipal bridge entered on record as county bridge, 1309, 1314-1316 On or near county line 1221 Wholly or partly within single municipality, 1205 715 CONTRACTS— (Continued.) Building : 10S9-1070 Custody of. Counties above 100,000 385 Office of controller created by decree of court, 397 Drilling gas wells and laying gas lines ^ 569, 570 Officers not to be interested in, 326a Over $100 entering into and execution. Counties above 100,000, 620 Office of controller created by decree of court, 626 Power to rriake, 555 Railroad companies. Relocation, change or elevation of railroad, 609 Use, etc., of county bridges, 1349, 1350 Roads. Assisting municipalities in improvement, etc., of, 1454-1464 Improvement of, 1369 Reconstruction and improvement of State highway, 1470, 1473 Repair and maintenance, county roads and turnpikes, 1375, 1407 Repair of State highways, 1467 Special use of by railway and transportation companies, . . 1390 Validation of certain agreements with boroughs to share cost of improvement of State highway, 1458 Sewers and sewage disposal plants. Making and construction, 1526 Repair and maintenance, 1527 Use of mvmicipal mains, 1534 CONTROLLER, (See also COUNTY OFFICERS;- FINANCE.) Bond. Counties between 1,500,000 and 800,000, 114, 115 Counties over 100,000, 87 Office created by decreee of court, 88 Books and records to be kept open for inspection, 288 Clerk to countersign warrants in counties between 1,400,000 and 800,000, 388 Clerks empowered to administer oaths, 389 Compensation, (See COMPENSATION; FEES; SALARIES.) Counties above 100,000. Custody of financial documents, 385 Deputy and clerks, 387 Election, 35 Establishment of office, • 35 General powers and duties, 382 Information regarding accounts 384 Oath of office, 87 Office, 384 Powers and duties of auditors to devolve on, 386 Reports to common pleas, 383, 386 Term of office 35 Incompatible offices. Counties above 100,000, 71 Counties generally, • • • 80 Office created by decree of court, 72 716 Sec. CONTROLLER— (Continued.) Office created by decree of court. Custody of financial documents, 397 Deputy and clerks, 398 Election, 37 General powers and duties, 394 Information regarding accounts, 396 Oath of office, 88 Office, 396 Office supplies, 146 Powers and duties of auditors to devolve on, 399 Reports to common pleas, 395 Vacancies, filling of, 38 Pension board, member of in counties between 1,500,000 and 1,000,000 298 Prison board, member of in counties between 250,000 and 150,000, 553 Salary board. Member of in counties above 1,500,000, 174 Member of in counties between 1,500,000 and 800,000, 176 Member of in counties between 800,000 and 300,000, 179 Member of in counties between 300,000 and 150,000, 174 Right to appear before, in counties above 300,000, 175 Sinking fund commission, member of. Counties between 250,000 and 150,000 661 Counties generally, 554 Solicitor. Counties betweeen 1,400,000 and 800,000, 390 Counties between 800,000 and 260,000 391 Counties between 260,000 and 100,000, 392,393 State association, 319 321 Vacancies, filling of. In counties above 100,000, 36 CORONER, (See also COUNTY OFFICERS.) Bond. Counties between 1,500,000 and 800,000, 114, 115 Bond and recognizance. Counties generally, 105-113 Commission, Not to exercise office until granted and recorded 417 Recording, ^jg Compensation, (See COMPENSATION; FEES; SALARIES.) Deputies. Appointment, 428 Powers, [ 429 Inquest. Certificate and return when inquest not necessary 421 Deaths of suspicious nature 419 Jurors, number of, ]]\ 422 Justice of the peace may hold 43O Private morgues used for 426 427 Sudden deaths not of suspicious nature '420 717 CORONER— (Continued.) Inquest — (Continued). Sec Surgeon assisting at, compensation in counties below 50,000, 431 Witnesses' fees and mileage, 423, 424 Morgues. Control over, 425 Private, may be used wrhen no county morgue 426, 427 No fee on commissions issued to, 47 Proceedings against, for falure to pay over moneys received ' for taxes " j 907 Sheriff, coroner to act as, in case of vacancy 432 Vacancies. Absconding 418 Creation and filling 47 COUNTY COMMISSIONERS, (See also COUNTY OFFICERS.) Bond. Counties between 1,500,000 and 800,000 114, 115 Counties generally, 85 Certified copies of proceedings to be evidence 331 Clerk. Appointment, 335, 338 Bond 86 Duties 337, 338 Oath of office, ' 337, 338 Oaths, power to administer 339 Term, 336, 338 Compensation, (See COMPENSATION; FEES; SALARIES.) Controller's solicitor. Compensation of, fixed by, in counties between 260,000 and 100,000, 393 Corporate powers of county, exercised by, 556 County seal. Custody, 333, 557 Official acts to be authenticated with, 333, 557 Deeds of, may be recorded, 334 Detection and apprehension of criminals, 355, 356 Duties re burial of honorably discharged soldiers, sailors and ' marines and their widows, 598-608 Election of, 33 Engineer, appointment and fixing compensation, 414 Furnish books, etc., to assessors in first class townships, 735 Furnish information for plans of State-aid highways, 1492 Furnish statements of conveyances to assessors, in counties be- low 400,000, 747 Incompatible offices, 65, 80 Oaths, power to administer, 332 Office and records to be kept at seat of justice, 257 Organization, y 329 Pension board, members of, in counties between 1,500,000 and 1,000,000, ••■■ 298 Prison board, members of 552, 553 Quorum, - 330 718 Sec. COUNTY COMMISSIONERS— (Continued.) Salary board, members of. Counties above 1,500,000, 174 Counties between 1,500,000 and 800,000 176 Counties betweeen 800,000 and 300,000, 179 Counties between 300,000 and 150,000, 174 Sinking fund commission, members of. Counties between 250,000 and 150,000, 661 . Counties generally, 654 Solicitor appointed and compensation fixed by, 410, 411 Standard meridian and measure, 357-359 State association, 317, 318 Supplies, etc., furnished at expense of county, 342-354 Term, commencemnt of, 34 Traveling expenses, 140, 141, 142 Treasurers' certificate of appointment to be granted by, 340, 341 Vacancies, 33, 909 COUNTY INDUSTRIAL FARM, WORKHOUSE AND RE- FORMATORIES 1129-1137 COUNTY OFFICERS, (See also AUDITOR; CLERK OF COURT; CONTROLLER; CORONER; COUNTY COMMISSIONERS; DISTRICT ATTORNEY; EN- GINEER; JURY COMMISSIONERS;" PROTHONO- TARY; RECORDER OF DEEDS; REGISTER OF WILLS; SHERIFF; SOLICITOR; SURVEYOR; TREASURER; VIEWERS, BOARD OF.) Accountability, 287 Appointed, to secure records from predecessor, 279 Appointive, service in time of war, 314-316 Bonds. Additional security, 116, 117 New bonds to be given 118 Premiums paid by county, 119 City and county, 322 Civil service, 293-295 Compensation. As agents of Commonwealth in counties co-extensive with first class cities, 123 Furnishing information to officers of Commonwealth, 312 Increase or diminishment, prohibited, 29 Deputies and clerks. Salaried, to make certain oaths 124 Elected at municipal elections, 27 Enumeration, 26 Fees, (See also FEES.) ' Paid into treasury when officers paid by salary 120,122,132 Forfeiture of office. Failing to make reports to Auditor General and State Treasurer 32 Refusing to give additional security, 116, 117 Refusing to take oath of office, 81 Removal of residence 31 719 Sec COUNTY OFFICERS-(Continued.) Furnish list of employes to pension board in counties between 1,500,000 and 1,000,000, 301 Incompatible offices. Penalty for holding, 57 What are, 66,77,78,79 Information to bureau of municipalities, 313 Information to officers of Commonwealth, 312 Moneys received to be credited to parties entitled, 289 Notice of moneys due individuals to he posted, 289 Oath of office, gj Paid by salary in counties over 150,000 120 121 Penalties, (See PENAL PROVISIONS.) Qualifications, 3O Salaries (See SALARIES.) Salary board, proceedings before when office affected. Counties above 1,500,000, I74 Counties between 1,500,000 and 800,000, 177, 178 Counties between 800,000 and 300,000, 18oi 181 Counties betweeen 300,000 and 150,000 174 Soldiers, sailors and marines, honorably discharged. Notify commissioners of death of, 601 Notify commissioners of death of widows of, 607 Term of office. Extension prohibited, 29 Length of term, 27 Vacancies. Filling of, 27,28 COUNTY SEAL. Custody, 333^ 557 Device, _ 553 Establishment, 333, 557 Furnished by Secretary of the Commonwealth, 559 COURTS. Apartments -for separate orphans' courts, 346 Offices for judges 345 Rules of in counties below 300,000, 343, 344 CULVERTS, (See BRIDGES; VIADUCT^ AND CULVERTS.) DEBT. Above seven per centum of taxable property, void, 632 Annual statement of, to be published, 641 Bond issue. Bridges between different municipalities, 1218 Bridges, city, benefiting neighboring townships 1330, 1331 Bridges in general, 1223 Bridges, privately owned, etc., and destroyed, taken over by county, 1300, 1303 Bridges, rebuilding by county 1240 Bridges wholly or partly within single municipality 1208, 1392 Canals and waterways, aid in construction of certain, . . 610-613 Funding debt incurred for roads, bridges, tunnels, etc 1392 720 DEBT— (Continued.) Sec. Bond issue — (Continued). Hospitals, joint county and third class city, 1177 Interest and sinking fund charges on obligations, not a debt of county, for limited period 644 Joint county and city building 1075. 1080 Libraries, free, public, nonsectarian, 1S60 Memorial halls, 1108 Playgrounds, gymnasiums, baths, etc., acquiring lands and buildings for, 1090 Redeem existing issues, ' 647, 649 Regulation of streams apd control of floods, 563 Roads, building, improving, repairing and maintaining, 1372, 1410. 1411 Roads, construction of certain roads, etc., 1392, 1393 Roads, State and State-aid highways, improvement and maintenance, 147S Roads, State-aid highways, 1478 Schools for boys in counties between 1,200,000 and 300,000, 1150 Schools for juvenile delinquents, 114S To pay maturing or matured and unpaid obligations, 649 Turnpikes and toll-roads, purchase of, 1429 Workhouses, 1126-1128 Bonds and obligations. Custody of, when paid, in counties above 100,000, 385 Custody of when paid, where office of controller is created by decree of court, 397 ' Existing April 20, 1875 648 Held in sinking fund in counties between 250,000 and 150,000, 664 Held in sinking fund in counties generally, 657 Issued for certain public utilities not to be debt of county, 642-646 Paying off and cancelling in counties between 250,000 and 150,000 665 Paying off and cancelling in counties generally, 658 Reissue, 647 Roads, preliminary, improvement of, county may pay State tax, 1513 Sale of, - 650 Sale of, held in sinking fund in counties between 250,000 and 150,000, 665 Sale of, held in sinking fund in counties generally, 658 Taxable for State purposes ♦651, 652 Constitutional limit, 629 Increase of. ^ Above two per centum of taxable property, 629 From two to seven per centum of taxable property, pro- cedure 634-637 From two to seven per centum of taxable property, tax levy 635 Up to ten per centum of taxable property 630, 638-640 Incurring for reconstruction and improvement of State High- ways 1469, 1472 Incurring or increasing up to two per centum of taxable prop- erty, procedure 633 721 Sec. DEBT— (Continued.) Limitation of, 613 Tax to liquidate, „ 631 DETECTIVES. Appointed by district attorney. Counties above 1,500,000 ' 462 Counties between 1,500,000 and 1,000,000, '" 464, 465 Counties between 1,000,000 and 500,000, 466, 467 Counties between 700,000 and 250,000, 469, 470 Counties between 250,000 and 150,000 474 Counties below 100,000, 476 Special detective with approval of court 477.479 Compensation, (See COMPENSATION; SALARIES.) Employed by county commissioners, 355 Forest fire, appointed by county commissioners, 572, 573 Powers and duties. Counties above 1,500,000, 462 Counties between 1,500,000 and 1,000,000 464, 465 Counties between 1,000,000 and 500,000, 466-468 Counties between 700,000 and 250,000, 471 Counties between 250,000 and 150,000, 474 Counties below 100,000 , 476 Special detectives, 477, 478 DISTRICT ATTORNEY, (See also COUNTY OFFICERS.) Assistants. Counties above 1,500,000, appointment, 444 Counties above 1,500,000, first assistant 445 Counties between 1,500,000 and 1,000,000, appointment, ... 446 Counties between 1,500,000 and 1,000,000, first assistant, . . 447 Counties between 1,000,000 and 750,000, 448 Counties between 750,000 and 300,000, first assistant, to act in certain cases, 450 Counties between 750,000 and 90,000, 449 Counties between 500,000 and 250,000, 451 Counties between 250,000 and 150,000, 452 Counties between 250,000 and 150,000, indictment and cost clerk, 453 Counties between 150,000 and 90,000, , 454 Deputy for one term of court, • • • • 456 Special cases, • 455 Charged with crime, prosecuting attorney 460 Compensation, (See COMPENSATION; FEES; SALARIES.) Deputy or clerks assigned to judge, 292 Detectives, (See DETECTIVES.) Election, • •- 48, 50 Incompatible offices, 64, 80 May hold office in militia, 76 Oath of office, ' 82 Private council given powers of 458 Qualifications, 48, 49 Stenographer in counties betweeen 250,000 and 100,000, 461 46 722 Sec. DISTRICT ATTORNEY— (Continued.) Substitutes, 457 Term of person appointed to fill vacancy, 51 Vacancies, 50, 51 DOGS. Construction of "Dog Law," 1026, 1027 Damage to live stock and poultry 1014-1020 "Dog Law,'' not to apply to first and second class cities, 1028 Illegally killed, damages, 1021 Licensing, 990-1006 Penal provisions of "Dog Law," ; 1022-1025 Regulations for the keeping of, • • 1007-1013 ELECTIONS. Auditors 33 Clerk of court. In certain counties over 30,000, 55 In counties by name, 52 In counties of 40,000, created separate judicial districts, • • 54 In counties of 40,000, not created separate judicial districts, 53 Controller. In counties of 100,000 and over, 35 Office created by decree of court, 37 County commissioners, 33 County officers at municipal elections, 27 District attorney, 48, 50 Indebtedness, increase of. Above two per centum of taxable property, 629,634-637 Canals and waterways, aid in construction of certain, 611 Up to ten per centum of taxable property, 630, 638 Jury commissioners, 61 Libraries, public. Creating bonded indebtedness, 1560 Establishing and maintaining, 1538 Establishing annual tax 1538, 1539 Memorial hall in counties above 150,000, 1109, 1112 Prothonotary. In certain counties over 30,000, 55 In counties by name, 52 In counties of 40,000, created separate judicial districts, ■ • 54 In counties of 40,000, not created separate judicial districts, 53 Recorder of deeds. In certain counties over 30,000, 55 In counties by name ' „ 52 In counties of 40,000, created separate judicial districts, . . 54 .- In counties of 40,000, not created separate judicial districts, 53 Register of wills. In certain counties over 30,000, 55 In counties by name, 52 In counties of 40,000, created separate judicial districts, . . 54 In counties of 40,000, not created separate judicial districts, 53 Surveyor, 44 Tax assessors and assistant assessors 703-712 723 Sec. ELECTIONS— (Continued.) Tax collector. Boroughs, 835 Townships, second class, 839-840 EMINENT DOMAIN. Bond to secure payment of damages, 1041 Bridges. Ground for approaches to, between different municipalities, 1216, 1217 Materials on adjoining lands, 1183-1186 Streams, widening, etc., for safety of, 1181, 1182 Toll-bridges, 1274-1303^ 1307 Wholly or partly within single municipality, 1194, 1196-1204, 1381-1387 Collection of awards 1038 Damages, assessment on adjoining property, 1035 Damages for property and materials taken for roads, bridges and sewers, 1189-1193, 1414-1418 Ground for buildings 1047-lOSO Hospitals, joint county and third class city, 1166-1173 Land for joint county and city building. Under Act of April 18, 1913, P. L. 96, 1074 Under Act of May 8, 1919, P. L. 130, 1079 Lateral railroads, for construction of, 571 Libraries, public, ., 1557-1SS9 Liens on property sought to be taken. Petition for appointment of viewers to specify, 1029 Procedure, T 1031 Rights and liabilities 1031, 1032 Testimony and evidence, concerning, 1030 Memorial halls. Additional land for, 1107 Site for, in counties above 150,000, 1112 Report of viewers. Confirmation, when no exceptions filed, 1037, 1038 Time limit, 1036 Right of immediate possession 1041, 1042 Right of way or easement, procedure authorized, 1039 Right to have jury view premises, 1040 Roads. Abolishing grade crossings, 1498, 1499 Change in line or location of State highways in counties below 800,000, 1474 County roads to be maintained as such, 1360-1368 Land taken for slopes, fills, embankments and culverts, . . . 1363, 1400 Property left without outlet on vacation of part of road, . 1364, 1401 Rights and procedure in securing compensation for dam- ages to property, 1414-1427 State-aid highways, 1489 System of main thoroughfares becoming borough and township roads, 1397-1405 Turnpikes and toll-roads, by adjoining counties, road on boundary line .• 1441-1450 Turnpikes and toll-roads by single county, 1430-1440 724 I EMINENT DOMAIN— (Continued.) Sec. Roads — (Continued). Underground roads, 1381-1387 Wholly or partly within cities, boroughs or townships, . . • 1381-1387 Schools for boys in counties between 1,200,000 and 300,000, sites for, 1149 Schools for juvenile delinquents, sites for, 1143 Sewers and sewage disposal plants, 1520-1S2S Site for memorial halls. Counties between 1,400,000 and 800,000 1097 Counties over 50,000, 1098 Subways • 1381-1387 Testimony authorized, 1033, 1034 Toll-bridges. Connecting different municipal divisions of county 1282-1288 On county line, certain privately owned bridges, .^ 1290-1297 Privately owned bridges on which toll may be charged, • • 1290-1297 Wholly within county, 1274-1280 Tunnels, 1381-1387 EMPLOYES, (See also COUNTY OFFICERS— Deputies and Clerks.) Attendants at rest or waiting rooms in court house, 1082 Hospitals, joint county and third class city, 1176 Increase in salary in counties between 1,500,000 and 800,000, 126, 127 Pensions in counties between 1,500,000 and 1,000,000, 296-311 Playgrounds, gymnasiums, baths, etc 1086 Semi-monthly pay in counties over 1,000,000, 125 Service in time of war 314-316 Watchmen at court house and jail, 1054 ENGINEER, (See also COUNTY OFFICERS; SURVEYOR.) Appointment, ' 414 Compensation, (See COMPENSATION; FEES; SALARIES.) Deputy. Appointment in counties between 800,000 and 500,000 154 Removal in counties between 800,000 and 500,000, 154 Duties, 415 Sewer connections, supervision over, 1531, 1532 Term, 414 ENUMERATIpN OF COUNTIES 1 EXPENDITURES, (See also APPROPRIATIONS.) Attorney to prosecute, district attorney, 460 Bridges. Assisting municipalities in building, 1325, 1327 Between different municipalities 1216 1217 Borough bridges and viaducts, 1337-1339 Cities, third class, where county is authorized to build, . . 1332-1334 Costs of proceedings, etc., in accepting donation of bridge, 1306 Costs of proceedings, etc., in condemnation of toll-bridges, 1277, 128(), 1285, 1288 Fees, expenses and costs, in rebuilding certain bridges by S'**« 1255. 1272 725 EXPENDITURES— (Continued.) Sec. Bridges — (Continued) . Freeing toll-bridges on route of State highway, 1307 Grade crossings, eliminated, 1295 Maintenance and repair of certain bridges rebuilt by State, 1256 On or near boundary line, 1221 Over or under railroad, 1322 Privately owned, etc., on county line, 1298, 1302 Rebuilding by county, , 1239 Repair of 1234 Toll-bridges taken by municipalities, part payment for, ■ . 1347, 1348 Too expensive for borough and township, 1320 Township, first class, bridges and viaducts, 1342-1344 Wholly or partly within single municipality 1210, 1211 Compensation of viewers, surveyors and artists of roads and bridges, 1512 Counsel employed by auditors, 380 County industrial farm, workhouse and reformatories, appor- tionment of, 1136 County seal, 559 County superintendent of schools. Offices, storage and supplies, 347 Stenographer, 348, 349 Telephone and typewriters, 348 Court calendars and trial lists, 342 "Dog Law." Administration and enforcement of, 1004 Compensation of police officers, 1008, 1009, 1020 Damages for dogs illegally killed, 1021 Damages to livestock and poultry, 1017, 1018 Eminent domain. Bridges wholly or partly within single municipality, .1197,1202,1204 Estimate of, for current year. Counties above 100,000, 617 Office of controller created by decree of court, 623 Estimate of for ensuing year for taxation purposes, 788 Expenses of board of viewers, 544 Expenses of detectives. Counties between 700,000 and 250,000, 472, 473 Expenses of inspectors of weights and measures, 549 Fees of witnesses before auditors, 369 Forest protection. County and State sharing in, 572, 575 When State may refuse to pay share 574 Forests, encouragement of, ^TJ> S78 Hospitals, contagious disease, 1158,1160 Hospitals, joint county and third class city, 1173, 1175 Inspection or view of bridges, 1188 Investigation for control of floods in counties betweeen 1,400,000 and 800,000, ■ 567 Joint county and city building. Under Act of April 18, 1913, P. L. 96, 1073 Under Act of May 8, 1919, P. L. 130, 1078 Light, rent and fuel for election purposes 350 726 EXPENDITURES— (Continued). Sec. Limit of. Counties above 100,000, ' 617 Office of controller created by decree of court 623 Parks and comfort houses in counties between 1,400,000 and 800,000, 1095 Office for controller in counties above 100,000, r • • 384 Office for controller where office is created by decree of court, 396 Office furnishings and supplies. Counties above 150,000, 258 Counties generally, 342 Offices for judges, • • • 345 Orders or rules of court in counties below 300,000, 343 Premiums on officers' bonds, 119 Private morgues, for use of, 427 Publication of annual reports of auditors, 379 Records. Binding and indexing, 265 Books for, 259, 503 Books for new indices 269 Failure of preceding officer to keep, as law contemplates, 277 Indexing sheriffs', coroners' and tax deeds with recorder, 285 Preparing new indices, 270 Transcribing, 260, 261, 510 Uniform system of indices, in counties between 1,500,000 and 1,000,000, 276 Regulation of streams and control of floods 563 Rewards, 355, 356 Roads. Borough, township or town highways, constructed by county, 1456 Boundary between city and township in adjoining counties, part of cost of improving 1462-1464 Boundary betweeen city or borough and township, part of cost of improving, etc., 1460, 1461 Condemnation of turnpikes and toll-roads, . . 1433, 1436, 1444, 1447 Cost of repairing and maintaining 1385, 1403 Cost in condemnation proceedings, 1386, 1404 Damages for property taken, injured or destroyed, 1361,1371,1382,1385,1403 Damages in change of line or location of State highways in counties below 800,000, •. I474 , Damages to property on opening of township roads, 1426 Expenses in assessing damages on opening of township roads, j427 Part of purchase price of turnpikes and toll-roads taken over by State, 145-5 Railroad crossings above or below grade I49S State-aid highways 1478, I486, 1487, 1489, 1491 Sewers and sewage disposal plants. Costs, etc., in assessing damages 1524 Damages to property 1520 Expenses of 1S14_ igjg^ 1533 727 EXPENDITURES— (Continued). Soldiers, sailors and marines, honorably discharged. Funeral expenses, aid of 598-601 Headstones on graves of, 602 Markers on graves of, 603 Purchase of plots in cemetery for, 604 Widows of, aid in funeral expenses, 605-608 Standard meridian and measure, establishment of, 357 Standard tests of weights and measures, 550 State associations. Commissioners and solicitors, 318 Controllers, 321 State tax on bonds for preliminary improvement of roads, . ■ ■ • 1513 Subscription for and binding of newspapers, 354 Toll-bridges. Damages for taking by joint action of counties, 1295 Witnesses before coroner's inquest, fees and mileage 424 FEES. / Bill of particulars to be furnished 255 Clerk of court. Counties above 1,500,000, 228, 229 Counties between 1,500,000 and 800,000, 230, 231 Counties between 800,000 and 500,000, 228, 229 Counties below 500,000, 232, 233 Clerk of orphans' court. Generally, 234 Separate orphans' court may establish fee bill, 235 Clerks of municipal court in Philadelphia, 483 Coroner. Inquest not necessary, 421 Same as sheriff's for similar services, 186 Viewing dead body and holding inquest, 185 Coroner — deputy, 187, 188 County officers. Counties above 150,000, duties regarding, 246 Counties above 150,000, not to take certain fees, 245 Counties below 150,000, duties regarding, 247, 248 District attorney. Counties above 1,500,000, 208 Counties between 1,500,000 and 1,200,000, 209 Counties between 1,200,000 and 750,000, 210 Counties below 750,000, • 211 Counties below 150,000, for use and benefit of county, 214 Counties generally, arguing case in Supreme Court, 213 Counties, special, 212 Salary in lieu of in counties not exceeding 150,000, 159 Illegal fees, penalties for taking, 249-251 Paid into treasury. Counties- over 150,000, 245, 246 Counties below 150,000, 247, 248 ^ Officers paid by salary, 120, 122, 132, 134 Payment of may be refused, ■, 255 728 FEES— (Continued). Sec. Prothonotary. '■ Counties above 1,500,000, 215 Counties between 1,500,000 and 800,000 216-218 Counties between 800,000 and 150,000, 219-221 Counties below 150,000, 222-224 Counties below 70,000, for attendance in court 225 Counties generally, ' 226, 227 Entering acknowledgment of tax deeds, 942, 943 Recording and indexing bond for surplus money on tax sales, 957 Recording treasurer's receipt for redemption of lands sold for taxes, 966 Reporting judgments, etc., for taxation purposes, 778 Receipt or discharge for, 255 Recorder of deeds. Abstract of conveyances furnished certain townships for taxation purposes, 751 Counties above 1,500,000, 238 Counties between 1,500,000 and 800,000, 239, 240 Counties between 800,000 and 700,000, 238 Counties between 700,000 and 190,000, 241, 242 Counties below^l90,000, 243 Counties generally, recording certificates in bankruptcy, . . 244 May take fee when document is left for record 253 Registering, 521 Reporting mortgages, etc., for taxation purposes 778 Separate record of conveyances for taxation purposes in counties below 400,000, 746 Successor, certifying recording, 530 Register of wills. Fee bill 236 May take fee when will is left for record, 253 Paid into county treasury in counties above 1,500,000, 237 Salaries paid out of in counties between 1,500,000 and 800,000, 166 Salaries not to exceed 133 Salaries to be in lieu of, 132 Sheriff. Counties above 1,500,000, 189-193 Counties between 1,500,000 and 200,000, 194-198 Counties between 200,000 and 130,000 189-193 Counties below 130,000, 199-202 Counties generally, miscellaneous items 203-207 Surveyors. Fee bill, 183 Penalty for taking greater fees 184 Table of, to be published and posted, 252 Treasurer. Advertising land for sale for taxes, when unlawful to charge 94I 729 FEES— (Continued). Sec. Treasurer — (Continued). Certain fees, etc., abolished in counties coextensive with first class cities 149, 150 Licensing gypsies, 986 Sale of unseated land for taxes, 182 FERRIES. Temporary substitute for destroyed bridge, 1237 FINANCE, (See also DEBT; REVENUES; SINKING FUNDS.) Counties above 100,000. Books and papers relating to, custody of, 385 Books of fiscal affairs, 617 Claims against county 618 Estimate of expenditures for current year 617 Fixing tax rate, 617 Information regarding accounts of officers, 384 Limit of expenditures, 617 Payment of county moneys, 622 Poor taxes, accounts and payments of, . 622 R.eceipts, countersigned, 618 Reports on outstanding warrants and amount of money in treasury, 621 Warrants, cancellation of, _ 622 Warrants, countersigning, 621 Warrants for certain court fees, 619 Warrants, register of, ^ 621 Warrants, restriction on drawing of, 619 Depositories. Board to select in counties between 1,200,000 and 750,000, 668-670 Moneys in sinking fund in counties between 250,000 and 150,000, 667 Moneys in sinking fund in counties generally, 660 Loaning credit to corporations, etc., prohibited, 653 Obtaining or appropriating money for corporations, etc., pro- hibited, 653 Office of controller created by decree of court. Books of fiscal afFairs, 623 Books relating to, custody of, 397 Claims against county, 624 Estimate of expenditures for current year, 623 Fixing tax rate, 623 Information regarding accounts of officers 396 Limit of expenditures, 623 Payment of county moneys, 628 Poor taxes, accounts and payments of, 628 Receipts, countersigning, 624 Reports on outstanding warrants and amount of money in treasury, ..-. 627 Warrants, cancellation of, 628 Warrants, countersigning, 627 Warrants for certain court fees, 625 Warrants, register of, 627 Warrants, restriction on drawing of, 625 730 FINANCE— (Continued). Sec. Warrants. Countersigned by special clerk in counties between 1,400,000 and 800,000, 388 FLAGS. Display of, on buildings 1057 United States, display of on memorial halls. Counties above 150,000, 1115 Counties generally, - 1106 FLOODS. Control of. Cooperation with other authorities, ■"■ 564,565 Dykes, banks, causeways and sluiceways 566 General powers 563, S6S Investigation of streams and rivers in counties between 1,400,000 and 800,000 567 Expenditures and appropriations for control of, 563 Meadow companies, duties of to devolve on county, 568 FORESTS. Encouragement of, 577, 578 Forest fire detectives. Appointed by Commissioner of Forestry, when, 573 Appointed by county commissioners, 572 Protection from fire, 572-576 State, charge on for county purposes, 674, 675 State, exempt from taxation, 692 GAS WELLS. Contracts for drilling, and laying gas lines, 569, 570 GRADE CROSSINGS. Avoiding on establishment of new crossing of highway and railroad, 1493-1495, 1499 Elimination. On highways, 1496-1499 Rebuilding certain bridges by State, 1259 GYMNASIUMS , 1085-1089 HIGHWAYS, (See ROADS AND HIGHWAYS.) HISTORICAL SOCIETIES. Appropriations to, 590-592 Memorial halls, use of in counties above 150,000 1114 HORTICULTURE, (See AGRICULTURE.) HOSPITALS, (See also APPROPRIATIONS.) Contagious disease, constructed and maintained by county, •. 1155-1161 Infectious disease, in connection with poor houses 1152 Joint county and third class city, 1162-1177 INCOMPATIBLE OFFICES. Auditors 68, 69, 80 Clerk of court, 63, 73, 74, 75 Clerk of orphans' court, 73 74 731 INCOMPATIBLE OFFICES— (Continued). . Sec. Controller. In counties of 100,000 and over, 71 In counties generally, 80 Office created by decree of court 72 County commissioners, 65, 80 County officers in general i. 66, 77, 78, 79 District attorney, 64, 80 Penalty for holding, 67 Prothonotary, 63, 75 Surveyor 73, 74 Tax collector 80 Treasurer - 69, 70 INDEBTEDNESS, (See DEBT.) INQUEST, (See CORONER— Inquest.) INSANE, INSTITUTIONS FOR INDIGENT. State-aid to counties maintaining, 1154 INSPECTORS OF WEIGHTS AND MEASURES. Appointment, 549 County joining with other counties or a city, 549 Furnished with standard tests 550 General powers and duties 550 Not to perform other services for county or city, 549 Reports to Bureau of Standards, , 550 Term, r 549 JAILS, (See BUILDINGS.) JURY COMMISSIONERS, (See also COUNTY OFFICERS.) Clerk, 536, 537 Compensation, (See COMPENSATION; FEES; SALARIES.) Drawing jury 533 Elections, 61 Former laws to apply, 534 Meetings, ' 532 Oaths, 533 Qualifications, 61 Selection of jurors, 532 Term, 61 Vacancies, filling of 62 JUVENILE DELINQUENTS. Institutions for, 1138-1151 LATERAL RAILROADS. Construction authorized, 571 LIBRARIES. Free, public, nonsectarian. Board of library directors, appointment, etc., 1539, 1543 Board of library directors, moneys to be under control of, 1540, 1542, 1550 Board of library directors, organization, 1544 732 LIBRARIES— (Continued.) Sec. Public, free, nonsectarian — (Continued). Board of library directors, reports of, 1550, 1551 Board of library directors, treasurer, 1544, 1550 Branches, deposit stations, etc., 1552 Condemnation of private property, 1557-1559 Contracts for use of existing library, ' 1547, 1543 Donations and gifts, 1554 Establishment and maintenance, 1535-1563 Existing agreements not aflfected by Act of July 20, 1917, P. L. 1143 1562 Fines for violation of law to be for use of library, 1563 Joint action with other municipalities, 1545 Land and buildings, purchase or setting apart, 1556, 1557 Moneys raised by popular subscriptions, 1541, 1542 No new library where one already exists, 1555 Not established under Act of July 20, 1917, P. L. 1143, appropriations to, 1546 Penalty for injuring property, 1563 Property, real and personal, taking and holding, 1554 Rules and regulations, 1553 Traveling libraries, 1552 Use and privileges 1553 Law. Additional appropriations, 1567 Appropriations directed by president judge 1564 Committee appointed by judges of courts, 1565, 1566 Location of 1564 Rules and regulations, 1566 Use of, 1564 LICENSES. Dogs. Expiration, 994 Fees, fixing of, 993,997 Forms and tags furnished by county commissioners, 994 Issued by justices of peace, 996 Kennel licenses 1000, 1001 Licensed in another county 999 Records of, 1003 Records of fees 1004 Requirement of license, 993, 997 Tags, furnishing of and design 99S Tags not transferable, 998 Tags to be kept on dogs 994 Gypsies 986-988 Insurance companies, agents and brokers, 989 Motor vehicles, not subject to 560 MEMORIAL DAY. Appropriations to aid in exercises, 583-585 MONUMENTS AND MEMORIALS, (See also BUILDINGS— Memorial Halls.) ' Appropriations for and erection of. Foreign wars prior to July 4, 1902 jOgg War with Germany and Austria, UOO 1101 733 Sea MONUMENTS AND MEMORIALS— (Continued.) Erection and maintenance on petition of citizens, 1097, 1098 Preservation, maintenance and repair, 1102 MORGUES. Establishment 425 Private. Compensation for use of, 427 Use of by county, 426 MOTHERS' ASSISTANCE FUND, 582a-S82c MOTOR VEHICLES. No license fee or tax to be collected for 560 Of county licensing, 561 Regulation of, prohibited, 561 NEW COUNTIES. Limitation, 7 Records affecting private titles, 8, 9 NEWSPAPERS. Selected . for publication of notices in counties between 1,000,000 and 500,000 to be designated, 616 Subscribed for and bound by county, 352-354 NOTICES. Expenses of publication, 254 Moneys due individuals to be posted, 289 Published in foreign languages, • • • 615 Published in German, Italian and Yiddish in certain counties, 614 Publishing in counties between 1,000,000 and 500,000, 616 OATH OF OFFICE. Controller. In counties over 100,000, • 87 Office created by decree of court, 88 County commissioners, clerk of, 337, 338 County officers, generally, 81 District attorney, 82 Jury commissioners 533 Perjury, 81 Register of wills, 84 Surveyor, -f ■• 83 Tax assessors, ^- 717-719 Tax collector. Boroughs, 851 Townships, first class, 852 Townships, second class, • 853 Viewers, board of, 540 OFFICERS, (See COUNTY OFFICERS.) OFFICES. Books for records furnished, 259 County superintendent of schools 347 734 OFFICES— (Continued). Sec Furnishings and supplies. Counties above 150,000, 258 Counties generally, 342 Judges, furnished with, • 345 Kept at county seat, • 256, 257 PAMPHLET LAWS. Accounting for money from sale of by treasurer, 405, 406 Advance copies transmitted to and kept by prothonotary, .. 491,492 Delivery by treasurer, ' • ■ 405 Statement of number for distribution in county, 490 Subscriptions received by treasurer, 404 PARKS. Counties between 1,400,000 and 800,000, 1092-1095 PAUPERS. Maintained in private sanatorium, 580-582 PENAL PROVISIONS. Auditors, neglect of duty, 381 Bridges, protection of, 1351-1357 Clerk of court. Demanding compensation for certificate to witnesses, • • • • 486 Failure to certify names, etc., of township officers to State Highway Commissioner 499 Neglecting to make or keep records, 485 Contracts for construction, etc., of bridges by State, 1258 Contracts, officers interested in, 326a County commissioners. Contracts for building bridges exceeding $250 in cost, 1231 Failure to protect forests from fires, 572 Neglect of duty, 360 Receiving taxes, not assessed, etc., 909 Disorderly conduct in and about court houses and jails, 1051-1053 District attorney, misconduct, 459, 460 Embezzlernent, 324 Embezzlement of tax moneys, 910 Failing to keep office and records at seat of justice, 257 Failing to prepare and keep indices to records, 266 Failing to publish and post table of fees, 252, 253 Failure to file statement of existing debt, etc., when incurring new debt, 63-? Failure to publish annual statement of debt, etc., 641 False returns of personal property for taxation, 780 Illegal contracts for deposit of money, 326 Incurring debt above ten per centum of taxable property 632 Jury commissioners, neglect of duty, 535 Libraries, public, injuring property of, 1563 Loaning money entrusted to officer, 325 Neglect of duty, 327 Neglecting to account for or make entries of fees 327 735 Sec. PENAL PROVISIONS— (Continued). Perjury. Before auditors, 367 Subornation of, 328 Verifying accounts, etc., 328 Proceedings for recovery of penalties 323 Prothonotary. Demanding compensation for certificate to witnesses, 486 Neglecting to make or keep records, 485 Recorder of deeds. Allowing deed, etc., to be recorded without being registered in counties below 500,000, 520 Failure to certify names and addresses of mortgages, etc., to county commissioners, 525 Failure to deliver records, etc., to successor, 513 Neglecting to index deeds and mortgages 515 Refusing to deliver records, etc., to successor, 280, 281 Refusing to supply information for report on taxation to Secre- tary of Internal Affairs, 930 Sheriff. Appointing deputies to act at election polls in counties co- extensive with first class cities, 443 Appointing special deputy, not citizen of Commonwealth, 442 Surveyor. ' Failing to make returns of unseated lands for taxes, when required, '■ 918 Taking illegal fees or rewards, 249-251 Taking rewards for appointments or contracts, 327 Tax assessors. Accepting returns of personal property unverified, 781 Charging for administering oath to return of personal property, 781 Conspiracy to return less than property made taxable, . . 783 Failure to assess and return persons liable to assessment, 802-804 Failure to comply with order or warrajit, 801 Failure to perform duties, 801 Making false valuations, 803 Refusing to serve, 726 Tax collector. Embezzlement, ■ 910 Failing to comply with .provisions for receipts, stub book and reports on same, 877 Failing to furnish required information to county treasurer, 859 Failing to make monthly returns and payments in boroughs and townships, 896 Failure to perform duties, 908 Receiving poll tax from other than person assessed, 882 Receiving taxes not assessed, etc., 909 Refusing to serve, 863 Taxation officers failing to comply with requirements of separate records for taxation purposes, 777 736 Sec PENAL PROVISIONS— (Continued). Treasurer. Failing to keep tax collectors' address book 859 Failing to publish notices of sales of unseated lands for taxes, 932 Failure to account for money from sale of pamphlet laws, 406 Misappropriation of funds 408 Neglect of duty, 407 Receiving taxes not assessed, etc., 909 Weights and measures 551 Witnesses before auditors 368, 370 PENSIONS. Board in counties between 1,500,000 and 1,000,000. Membership, 298 Treasurer, 299 Employe, defined, 296 Established in counties between 1,500,000 and 1,000,000 297 Fund in counties between 1,500,000 and 1,000,000. Appropriations to, 302 Established, 297 Investment, 304 Records of employes in counties between 1,500,000 and and 1,000,000, 300,301 PERSONAL PROPERTY. Power to take and hold, 555 Purposes for which, may be taken and held 555 PLAY FIELDS, 1085-1089 PLAY GROUNDS, 1085-1089 Schools for boys in counties between 1,200,000 and 300,000, . . . 1148 Schools for juvenile delinquents, 1142 POOR HOUSES. Additional when present not sufficient 1152 Purchase and sale of land 1153 PRISON BOARD. Counties between 250,000 and 150,000, 553, 554 Sheriff and commissioners to compose 552 PRISONS, (See BUILDINGS.) PROTHONTARY, (Seee also COUNTY OFFICERS.) Bond. Action on for failure to prepare and keep indices and judgment docket, 266 Counties between 1,500,000 and 800,000, 114, 115 Counties generally, 95 Clerk of county court in Allegheny, 497 Clerk of municipal court in Philadelphia, 483 Clerk of oyer and terminer, when, ^,^ 4g9 Compensation, (See COMPENSATION; FEEj^SALARIES.) 737 PROTHONOTARY— (Continued). j ■■ Sec Deputy. Act in case of vacancy, 290 291 Bond in county between 1,000,000 and 250,000, '97 Bond when acting in case of vacancy 290 Oaths, appointment to administer in counties between 1,000,000 and 250,000, 494 Oaths, power to make certain 48g Powers in absence of prothonotary, in counties between 1,000,000 and 250,000 495 Principal, to act in temporary absence, 493 Second, to act in temporary absence of principal 493 Deputy or clerks assigned to judges, 292 Elections. In certain counties over 30,000, 55 In counties by name, 53 In counties of 40,000, created separate judicial districts, 54 In counties of 40,000, not created separate judicial districts 53 General duties 4g7 General powers, 4g0 Incompatible offices, 53 75 Laws, advance copies, file of, ■. 49I 492 Laws, Pamphlet, ' statement of number for distribution in county 49O Minute clerks in counties between 1,200,000 and 750,000, . . 496 Not to practice in court in which he serves, 75 Notices, duties and liabilities in publication of, '. 254 Oaths. Power to administer, 481, 482 Power to make certain 488 Office and records to be kept at county seat, 256, 257 Record of treasurer's receipt for redemption of lands sold for taxes, 966 Records. Indices, mode of preparing and keeping, changed 267 Indices, new, to be prepared, 268, 270 Indices to be prepared and kept, 266 Indices, two for each book, 264 Indices, uniform system in counties between 1,500,000 and 1,000,000, 274-276 Kept and left as law contemplates ^ 277 Separate, of bonds, judgments, etc., for taxation purposes, 770-772 Submitted to judges annually, 263 Temporary appointments, 484 Vacancies, filling of, 60 RAILROADS. Bridges and viaducts over or under, 1180, 1321, 1322 Contracts for relocation, change or elevation of, 609 Contracts for use, etc., of county bridges, 1349, 1350 Highway crossings, 1493-1501 Lateral, construction authorized, 571 47 738 Sac. RAILWAYS, STREET. Contracts for special use of bridges. Wholly or partly within single municipality, 1206, 1390 Contracts or leases for special use of roads, tunnels, subways, etc., 1390 Exercise of franchises over bridge purchased by county, 1219 REAL PROPERTY, (See also BUILDINGS.) County industrial farm, workhouse and reformatories, 1131 Joint county and third class city hospitals, 1163, 1164 Land used for joint county and city building. Under Act of April 18, 1913, P. L. 96, 1072, 1073 Under Act of May 8, 1919, P. L. 130. 1077, 1078 Lands sold for taxes. Public sale of, when not redeemed, 974, 978-984 Purchase by county commissioners, 970-974 Sale to Department of Forestry, 975-977 Libraries, free, public, nonsectarian, 1S54, 1556 May be conveyed for armories 586 Power to take and hold, ~ 555 Purposes fpr which, may be taken and held, 555 Sale of, authorized, 1116-1118 Schools for boys in counties between 1,200,000 and 300,000, 1149 Schools for juvenile delinquents, 1143, 1144 Title deeds. Custody of in counties above 100,000, 385 Custody of where office of controller created by decree of court, 397 Title to, vested in county, 1043 RECOGNIZANCES, (See BONDS AND RECOGNIZANCES.) RECORDER OF DEEDS, (See also COUNTY OFFICERS.) Abstract of conveyances to be furnished certain townships for taxation purposes 751 Acknowledgments, power to take, 506, 507 Bond. Actions on for failure to prepare and keep indices to records 266 Counties between 1,500,000 and 800,000, ". . 114, 115 Counties generally, 93 Clerks to administer oaths in counties below 1,300,000, . ■ .. 509 Compensation, (See COMPENSATION; FEES; SALARIES.) Deeds, etc., to be registered in county commisssioners' oflBce in counties above 500,000, 518-520 Deeds required to be registered, 52i Deputy. Act in case of vacancy, 290 291 Appointment, ' eno Bond when acting in case of vacancy, 290 Election. In certain counties over 30,000, 55 In counties by name c. In counties of 40,000, created separate judicial districts, 54 In counties of 40,000, not created separate judicial districts, 53 739 Sac RECORDER OF DEEDS— (Continued.) General powers and duties SOS Mortgagee, name and address to be taken, 522-525 Office and records to be kept at county seat 256, 257 Partnerships, etc., certified to Auditor General, 531 Records. Deeds, sheriffs', coroners' and tax indexed, 284-286 Indices, deed and mortgage, to be kept, 514-517 Indices, deed and mortgage, to be prepared, 517 Indices, mode of preparing »nd keeping, changed, 267 Indices, ne-vr, to be prepared, 268, 270 Indices, to be prepared and kept, 266 Indices, two for each book, 264 Indices, uniform system in counties between 1,500,000 and 1,000,000, 274-276 Separate, of conveyances for taxation purposes in counties below 400,000, - • 746 Separate, of mortgages, etc., for taxation purposes 769 Submitted to judges annually, 263 Transcribing in counties over 1,500,000, 510-512 Separate from register in counties over 150,000, 56 Successor to certify deeds recorded in certain cases, 526-530 Vacancies, filling of, 60 RECORDS. Appointed officers to secure from predecessors, 279-281 Books and, to be kept open for inspection by auditors and con- troller, 288 Books for, furnished 259, 925 Deeds, etc., separate record in counties below 400,000, 746-749 Deeds, etc., to be registered in county commissioners' office in counties above 500,000, 518-520, 745 Deeds, sheriff's, coroner's and tax, indexed with recorder, . . 284-286 Indices. Book for new, 269 Mode of preparing and keeeping changed, on order of court, 267, 269, 271-273 New, prepared on order of court, 268-273 Penalty for failing to prepare and keep, 266 Prepared on order of court, • 263, 265, 266 Prothonotary, two for each book, 264, 265 Recorder, deed and mortgage, to be kept, 514-517 Recorder, deed and mortgage, to be prepared, ■ • • 517 Recorder, two for each book, • ■ ■ 264, 265 Uniform system in counties between 1,500,000 and 1,000,000, 274-276 Kept and left as law contemplates 277 Kept at seat of justice, 257 Moneys received to be credited to parties entitled, 289 Mortgages, etc., separate record for taxation purposess, 769 Prothonotary to keep separate, of bonds, judgments, etc., for taxation purposes, 770-772 740 Sec. RECORDS— (Continued.) Public Records, Division of State Library and Museum. Certain records may be turned over to, 283 Examination and suggestions, 282 ^Rebinding 263-265 Submitted to judges annually, 263 Transcribing. General provisions, 260-262 Recorder in counties over 1,500,000, 510-512 RECREATION CENTRES, Indoor, 1085-1089 REFORMATORIES, (See BUILDINGS.) REGISTER OF WILLS, (See also COUNTY OFFICERS.) Bond. Actions on for failure to prepare and keep indices to records, 266 Counties between 1,500,000 and 800,000, 114,115 Counties generally, 94, 95 Clerk of orphans' court. Assistant clerks, appointment of, 57, 58 Assistant clerks in counties less than 700,000, 59 Assistant clerks in counties less than 150,000, 168 Counties over 150,000, where separate orphans' court exists, 59 Counties below 150,000, 168 Counties where no separate orphans' court is established, 58 Counties where separate orphans' court is established, .... 57, 58 Deputy or clerks assigned to judge, 292 General duties, 504 Incompatible ofKces, 73, 74 Records kept and left as law contemplates 277 Collateral inheritance tax, accounts published, 351 Commissioning of, by register of another county for certain purposes. 502 Compensation, (See COMPENSATION; FEES; SALARIES.) Deputy. Accountability for acts of , 501 Act in case of vacancy, 290, 291 Appointment, 501 Bond when feting in case of vacancy, 290 Election. Certain counties over 30,000, 55 Counties by name, 52 Counties of 40,000 created separate judicial districts 54 Counties of 40,000, not created separate judicial districts, 53 Not to practice in orphans' court of county, 75 Notices, duties and liabilities in publication of, 254 Oath of office, 04 Office and records to be kept at county seat 256 257 Records. Books for, to be paid for by county, 503 Indices, mode of preparing and keeping, changed, 267 Indices, new, to be prepared, 268 270 ' 741 REGISTER OF WILLS— (Continued.) Sec. Records — (Continued). Indices to be prepared and kept 266 Indices, uniform system in counties between 1,500,000 and 1,000,000, 274-276 Submitted to judges annually, 263 Separate from recorder in counties over 150,000, 56 To fix salaries of assistant clerks of orphans' court in counties betweeen 1,500,000 and 800,000, 165 Vacancies, filling of, 60 REVENUES. Charge on State forests, 674, 675 "Dog Law." "Dog Fund" under former laws 1004 Feces collcted from licenses 1004 Fines for violations of act 1025 Sale of unclaimed dogs, 1008 Fines and forfeited recognizances 671, 672 Fines and penalties for violation of road laws. Proceedings instituted by county care takers, 1503 Rules of county commissioners, 1505 Moneys credited to municipalities and not called for for ten years, 673 Proceeds from sale of public lands, 1 1 16 Return of money appropriated for armories, 587 Sale of extra copies of court rules in counties below 300,000, ■ ■ 344 REWARDS. Additional, for detection and apprehension of horse thieves. 356 Offered by county commissioners, 55 RIFLE CLUBS. Appropriations to in time of war, 588, 589 RIVERS. (See STREAMS.) ROADS AND HIGHWAYS. Altering, extending, etc. County roads to be maintained as such, 1358-1374 Applicants for new road to notify loqal road authorities, 1508 Boundary lines of, 1509 Buildings on line of proposed road, 1365, 1402 Care takers, 1502-1504 ' Change in course of, to accommodate certain new bridges, 1310, 1311, 1323 Changing or altering part of, without formalty of view, 1511 Construction and maintenance. Borough, township or town highways, county assisting in, 1455-1457 County road to be maintained as such 1358-1374 Employment of persons to work, 1389 Municipalities, wholly or partly within, 1378-1389 Subways, • 1378-1389 System of main thoroughfares becoming borough and township roads, • • • 1395-1406 Tunnels, • 1378-1389 Underground roads, 1378-1389 742 Sec. ROADS AND HIGHWAYS— (Continued.) Damages in change of line or location of State highways in counties below 800,000, 1474 Damages to property. Appeals from decrees confirming reports of viewers in cer- tain cases, 1420-1423 Opening of township roads, 1424-1427 Property and materials taken, 1189-1193, 1414-1418 Rights and procedure in securing compensation, 1414-1427 Vacation of road where no property is taken, 1419 Existing township roads. Taking over by county, 1358, 1370 Grade. Drain or culvert not to raise highway above ordinary, .... 1510 Grade and location, change of by railroad to avoid grade cross- ing, 1494,1409 Guards and barriers along township roads too expensive for township to erect, 1465 "Highway" defined, 1477 Improvement. Appropriations, etc, for State, State-aid and other public highways, 1475 Appropriations for highways outside of cities, or boroughs, connecting with State or State-aid highways, 1476 Boundary between city and township in adjoining counties, 1462-1464 Boundary between city or borough and township, 1460, 1461 Contracts for, 1369 Municipal streets connecting two ends of, or at terminus of county road, 1454 State highways in same manner as State-aid highways, ■'. 1468-1473 State-aid highways, 1478-1483 System of main thoroughfares becoming borough and township roads, 1395-1406 Turnpikes, condemntd, abaudontd or owned by dissolved company, I451 Index boards, penalty for destroying, 1506, 1507 Joint action of adjoining counties. Along and adjacent to county lines, 1373, 1374 From one county into another, 1373, 1374 Laying out and opening. County roads to be maintained as such, 1358-1374 Municipalities, wholly or partly within, 1378-1387 Subways, 1378-1387 System of main thoroughfares becoming borough and township roads, 1395-1406 Tunnels, 1378-1387 Underground roads 1378-1387 Making and constructing. Contracts for 1388-1406 Municipal roads to end of county bridge laid out but not opened j^gp Municipal highways. Borough, township or town, assistance in construction, 1455-1457 743 ROADS AND HIGHWAYS— (Continued.) Municipal highways — (Continued). Boundary between city and township in adjoining coun- ties, improvement 1462-1464 Boundary between city or borough and township, improve- ment, 1460, 1461 Connecting two ends of, or at terminus of county road, as- sistance in improving, 14S4 To end of county bridge, laid out but not opened, construc- tion by county, 1459 Municipalities, taking streets or other property of, 1394 Railroad crossings. Established to be above or below grade 1493, 1499 Grade crossings abolished by county, 1497, 1498, 1499 Grade crossings abolished by railroad, 1496, 1498, 1499 New highway to be above or below grade, 1495, 1499 New line of railroad to be above or below grade, 1494, 1499 Public Service Commission, jurisdiction of 1499 Railroad to bear one-half of cost, • 1495 Width and height of roadway crossed above or below grade, 1500, 1501 Repair and maintenance. Abandoned turnpikes through unseated lands, • 1452 Appropriations, etc., for State, State-aid and other public highways, 1475 Borough, township or town highway constructed by county, 1457 Boundary between city or borough and township, 1461 By borough or township, certain roads forming a system of main thoroughfares, 1395 Commissioners may do work, etc., 1375, 1389 Contracts for 1375, 1407 County roads maintained as such, 1358,1370,1375 Municipal streets connecting two ends of, or at terminus of county road, 1454 Plans, surveys and estimates for, 1375, 1376, 1407, 1408 State-aid highways, 1486 Turnpikes, condemned, abandoned or owned by dissolved company, 1375, 1376, 1451 Turnpikes purchased by county, 1428 Right of entry to make preliminary surveys, 1360, 1380, 1397 Rules for protection of, . . . . ; 1505 Slopes, fills, embankments and culverts. Land taken for, 1363, 1371, 1400 Special use, contract or lease for, street railawy or transporta- tion company, 1390 State highways. Bridges on, rebuilding of certain, by State, : 1260-1271 Change in line or location in counties below 800,000, 1474 Contracts to repair, ■ 1467 Reconstruction or improvement in same manner as State- aid highways, 1468-1473 Turnpikes or toll-roads on line of, 1455 744 ROADS AND HIGHWAYS— (Continued.) Sec. State highways — (Continued). Validation of certain agreements with boroughs to share cost of improvement of, 1458 State-aid. Apportionment, re-allotment, 1484 Condemnation of property for State-aid highways, 1489 Contracts for improvement and maintenance of State-aid highways, 1479, 1488, 1490 Counties and townships, improvement and maintenance, 1478-1483 Definition, 1477 Plans of State-aid highways, 1492 Portion of improved highway through borough or town, . . 1487 Principal highway outside limits of city, 1483 Right to bid for construction of State-aid highways, 1488 Sign boards on State-aid highways 1491 Standard and size of State-aid highways, 1485 Straightening and widening. County roads to be maintained as such, 1358-1374 System of main thoroughfares becoming borough and township roads 1395-1406 System of main thoroughfares becoming borough and town- ship roads 1395-1406 Township roads. Guards or barriers along, too expensive for township to erect, 1465 Moneys derived from bicycle license tax expended on, 1466 Turnpikes, abandoned or condemned, etc. Repair, maintenance and improvement, 1375, 1376, 1451 Vacation as county road, to become township road, 1377 Turnpikes and toll-roads. Condemnation after adverse report of viewers, 1440 Condemnation by adjoining counties, road on boundary line, 1441-1450 Condemnation by single county, 1430-1440 Condemnation of part only 1439, 1450 Purchased by county, may become township roads, 1428 Purchase on petition to county commissioners, 1428, 1429 Taken over by State, contribution by county, 1453 Through unseated land, abandoned, to be county road, . ■ 1452 Vacation. As county road, part of system of main thoroughfares, . . 1412 As county road; to become township road 1377 Damages where no property is taken 1419 Property left without outlet 1364 System of main thoroughfares becoming borough and township roads, 1395-1406 Viewers, surveyors and artists, compensation of, 1512 SALARIES. Board for assessment and revision of taxes, Counties between 1,500,000 and 800,000 699 Counties between 800,000 and 300,000 702 Change of population not to affect, 131 745 SALARIES— (Continued). Sec. Clerk of Court. Counties above 1,400,000 162 Counties between 1,200,000 and 800,000 128 Counties betweeen 800,000 and 500,000, 128 Counties between 500,000 and 250,000 129 Counties between 250,000 and 150,000, 130 Clerk of court — deputy. Counties between 400,000 and 250,000, 135 Clerk of court — deputy and employes. Counties above 1,400,000, 162 Controller. 1 Counties between 1,200,000 and 800,000 128 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, , 129 Counties between 250,000 and 150,000, 130 Counties of 100,000 or over, 145 Office created by decree of court, 146 Paid in full, 134 Controller — deputy. Counties between 400,000 and 250,000, 135 Controller — solicitor of. Counties between 1,400,000 and 800,000, 390 Counties between 800,000 and 260,000, 391 Coroner. Counties between 1,200,000 and 800,000, 128 Counties of 1,000,000 or over 155 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000, 130 Coroner — assistant. Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 500,000, 128 Coroner — deputy. Counties of 1,500,000 or over, ■ 156 Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, 129 Counties between 250,000 and 100,000, 130 County commissioners. Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 5t)0,000, 128 Counties between 500,000 and 250,000, 129 Counties between 500,000 and 150,000, 136 Counties between 250,000 and 150,000, 130 Counties less than 150,000, 137 In lieu of other compensation except expenses, 138 Paid in full, 134, 138 Population of county ascertained 139 County commissioners — chief clerk. Counties between 400,000 and 250,000, 135 County commissioners — clerk, of, 336, 338 746 SALARIES— (Continued). Sec. Court interpreter. Counties between 800,000 and 500,000, 128 Deputies and clerks to make certain oaths, 124 Detectives. Counties above 1,500,000, 463 Counties between 1,500,000 and 1,000,000, 465 Counties between 1,000,000 and 500,000, 467 Counties between 800,000 and 500,000, 128 Counties between 700,000 and 250,000, 469 Counties between 500,000 and 250,000 129 Counties between 250,000 and 150,000, 475 Paid in full 134 Directors of the poor. Counties between 250,000 and 150,000, 130 District attorney. Counties above 1,200,000, 157 Counties between 1,200,000 and 800,000, 128 Counties less than 1,000,000, 158 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, 129 Counties below 150,000, how paid, 160 In lieu of fees in counties not exceeding 150,000, 159 Paid in full, 134 District attorney-^assistants. v Counties above 1,500,000, 444 Counties between 1,500,000 and 1,000,000, 446 Counties between 1,000,000 and 750,000, 448 Counties between 750,000 and 150,000, 449 Counties between 500,000 and 2.50,000, ,. 129 Counties between 250,000 and 150,000, indictment and cost clerk, 453 District attorney's stenographer in counties between 250,000 and 100,000 461 Engineer. Counties between 1,400,000 and 800,000 152 Counties between 800,000 and 500,000 128 Counties between 500,000 and 250,000, 129 Paid in full, I34 Engineer — deputy. Counties between 1,400,000 and 800,000, 153 Counties between 800,000 and 500,000, 154 In lieu of fees, etc., 132 Increase in counties between 1,500,000 and 800,000, 126 127 Inspectors of weights and measures, 549 Jail physician. Counties between 800,000 and 500,000, 128 Jailor. Counties between 800,000 and 500,000, 128 Jury commissioners. Counties between 1,500,000 and 800,000, 172 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, I29 Counties between 250,000 and 150,000 I30 747 SALARIES— (Continued.) ^"* Not to exceed fees, j33 Officers, etc., paid by in counties over 150,000, 120, 121 Prison warden. Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000, 130 Prothonotary. Counties between 1,200,000 and 800,000 128 Counties between 800,000 and 500,000 128 Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000, 130 Prothonotary — deputy. Counties between 1,000,000 and 250,000, 161 Recorder of deeds. Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000, 130 Recorder of deeds — clerks and employes. Counties above 1,500,000, 169 Recorder of deeds — deputy. Counties above 1,500,000, 169 Counties between 1,500,000 and 1,400,000 170 Counties between 400,000 and 250,000, 135 Recorder of deeds — solicitor. Counties above 1,500,000, 169 Register of wills. Counties above 1,500,000, 163 Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000 130 Register of wills — assistant clerk of orphans' court. Counties between 1,500,000 and 800,000, fixed by register, . . 165 Counties between 1,500,000 and 800,000, paid out of fees of office 166 Counties between 1,500,000 and 800,000, payment when fees of office are insufficient, 166 Counties between 800,000 and 150,000, 167 Counties less than 150,000, 168 Register of wills — deputy and employes. Counties over 1,400,000, 164 Semi-monthly payments in counties over 1,000,000, 125 Sherifif. Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000 129 Counties between 250,000 and 150,000, 130 Sheriff — chief deputy. Counties between 400,000 and 250,000, 135 Solicitor. Counties between 1,000,000 and 250,000, ISl Counties between 500,000 and 250,000 129 748 SALARIES— (Continued.) Sec. Solicitor — (Continued). Counties between 250,000 and 150,000, 130 Paid in full, 134 Solicitor — stenographer, 413 Surveyor. Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000, 130 Paid in full, 134 Tax assessors. Real estate assessors in counties over 1,500,000 720 Trasurer. Counties between 1,200,000 and 800,000, 128 Counties between 800,000 and 500,000, 128 Counties between 500,000 and 250,000, 129 Counties between 250,000 and 150,000, 130 Paid in full, 134 Treasurer — deputy. Counties between 400,000 and 250,000, 135 Viewers, board of, 173 SALARY BOARD. Counties above 1,500,000 174 Counties between 1,500,000 and 800,000 176-178 Counties between 800,000 ai^d 300,000, 179-181 Counties between 300,000 and 150,000, 174 Counties above 300,000, rights of controller, 175 Private morgues, to fix compensation for use of, 427 SANATORIA, (See APPROPRIATIONS.) SCHOOLS, COUNTY SUPERINTENDENT OF. Offices, storage and supplies, 347 Stenographer, 348, 349 Telephone and typewriters, 348 SCHOOLS, JUVENILE DELINQUENTS, 1139-1151 SEAL, (See COUNTY SEAL.) SEWERS AND SEWAGE. Connections. Abutting property owners 1532 Municipalities, 1531 Contracts for making and constructing sewers and disposal plants, 1526 Damages for property and materials taken, 1189-1193 Damages to property 1520-1525 Establishment of main or trunk sanitary sewers and sewage disposal plants, 1514-1534 Municipalities affected. Consent of, to enter on highways, 1S30 Contracts with for use of municipal mains, 1534 Rebates to, 1516 Right to free connections 1531 Right to be heard on application for 1517 749 Sec SEWERS AND SEWAGE— (Continued.) Repair and maintenance of sewers and disposal plants. Contracts for, , 1527 Plans and estimates, 1527, 1528 Right of entry to make preliminary surveys, 1519 Sewer districts, Establishment of, 1515 More than one using same main or disposal plant, appor- tionment of costs and expenses, 1533 Tax levy on property in particular districts, 1529 Size of sewer, I517 State Department of Health, approved by 1518 Surveys and plans 1516 SHERIFF (See also: COUNTY OFFICERS), Bond and recognizance, 98-113 Bond in counties between 1,500,000 and 800,000, 114, 115 Commission. Not to exercise office until granted and recorded 434 Recording, 433 Compensation (See: COMPENSATION; FEES; SAL- ARIES), Coroner to act as, in case of vacancy 432 Deputies. Chief deputy in counties above 500,000, 439 Chief deputy generally, 438 Not to be appointed to act at election polls in counties co- extensive with first class cities 443 Sheriff may act by 440 Special, must be citizens of Commonwealth, 441, 442 Drawing jury, 533 Not to succeed himself, 26 Notices, duties and liabilities in publication of, 254 Office and records to be kept at county seat, 256, 257 Powers and duties in tax sales transferred to treasurer, 935 Prison board, member of, 552, 553 Proceedings against for failure to pay over moneys received for taxes, 907 Tavern licenses prohibited, 437 Vacancies, Absconding, 435 Writs, unexecuted. Duty of outgoing sheriff, 436 Successor to execute, 436 SIGN BOARDS. On State-aid highways 1491 SINKING FUND COMMISSION. Counties between 250,000 and 150,000. Creation, 661 Membership, 661 Powers and duties, 662-667 7y?- SINKING FUND COMMISSION— (Continued). Sec Counties generally. Creation, "^^ Membership, °54 Powers and duties, 655-660 SINKING FUNDS. Counties between 250,000 and 150,000. Authorized investments, 662 Bonds of county, held in, 664, 665 Funds existing May 11, 1911, . • 663 Interest on, 667 Uninvested balances invested in new county bonds, 666 Use of, 662 Counties generally. Authorized investments, 655 Bonds of county, held in, 657, 658 Funds existing June 13, 1911, 656 Interest on, 660 Management and application of funds, investments and in^ come, 657 Uninvested balances invested in new county bonds, 659 Use of, 655 Payment of bonds. Bridges, city, benefiting neighboring township, 1331 Bridges wholly or partly within single municipality, 1208, 1393 Roads, tunnels, subways and underground roads, 1393 Schools for juvenile delinquents, 1145 Workhouses, 1128 SOLDIERS, SAILORS AND -MARINES (See: EMPLOYES; EXPENDITURES). SOLICITOR (See also: COUNTY OFFICERS). Appointment, 410 Compensation (See: COMPENSATION; FEES; SALARIES). Duties, ■ 412 Qualifications, 410 State association, 317, 318 Stenographer in counties between 500,000 and 250,000, 413 Term, 411 STANDARDS. Meridian and measure. Establishment, 357, 358 Record of variations of surveyors' compass, 359 Weights and measures, inspectors to be furnished with standard test of, 550 STATE ASSOCIATIONS. Commissioners and solicitors, 317, 318 Controllers, 319-321 STOCKHOLDER. County not to become, 653 751 See. STREAMS (See also: FLOODS). Navigable. Bridges, etc., over not to hinder navigation, 1178, 1179 Bridges over, approval by State and Federal authorities, -. 119S Widening, straightening, etc., for safety of bridges, 1181, 1182 SUBWAY^. Location, construction, operation and maintenance authorized, 1378-1394 SURVEYOR (Seee also: County OFFICERS; Engineers). Compensation (See: COMPENSATION; FEES; SALARIES). Election, 44 Furnish information for plans of State-aid highways, 1492 Incompatible offices, 73, 74 Oath of office, 83 Office to be kept at county seat 2S6 Qualifications 44 Removable by quarter sessions, 45 Returns of unseated lands for taxes, 918 To perform duties of deputies of the surveyor general, 44 Vacancy, filling of, 46 SWIMMING POOLS 1085-1089 TAX ASSESSORS. Abolished for taxation purposes. Counties between 1,500,000 and 800,000, 701 Counties between 800,000 and 300,000, 825 Assistant. Election in first class townships, 708 None in boroughs divided into more than two wards, 706 Number of in first class townships, 707 Assistant township assessor, election in first class townships, • • 707 Attendance at time and place for appeals from tax rate 794 Board for assessment and revision. Appointment of members in counties between 1,500,000 and 800,000, 699 Appointment of members in counties between 800,000 and 300,000, 702 Clerks in counties between 1,500,000 and 800,000, 700 Clerks in counties between 800,000 and 300,000 824 Creation in counties between 1,500,000 and 800,000, 699 Creation in counties between 800,000 and 300,000, 702 List of mortgagees, etc., to be furnished to, 522 Borough ward assessors to act as board, 740 Compensation (See: COMPENSATION; SALARIES). Duties (See: TAXATION— Assessments). Duty to inquire for dogs and report to county commissioners,. • 1005 Elections. Boroughs, 704 Boroughs divided into wards, 705 Cities not otherwise provided for 711 Townships, first class, 707 Townships, second class, 709, 710 Wards of third class cities, i" 703 752 Sec. TAX ASSESSORS— (Continued). Interpreters in counties below 200,000, 727-731 List of to be prepared and delivered to commissioners, 712 Power to administer oaths or affirmations, 781 Subordinate assessors. Counties between 1,500,000 and 800,000, 700 Counties between 800,000 and 300,000, 824 Term (See: TERM OF OFFICE). Vacancies (See: VACANCIES). TAX COLLECTOR. "Address Book" in county treasurer's office, 858 Appointment. Cities, second class, 830, 831 Cities, third class, 830-833 Counties between 1,000,000 and 300,000, '• • 834 Eligibility for, 842, 843 Reappointment without consent prohibited, 863 Special taxes, for collection of in certain cases, 854 Bonds. Boroughs, 835, 837 Counties between 1,000,000 and 300,000, 834 General provisions, 848-850 Special taxes, 854 Sureties to remain liable when collector is convicted of failure to perform duties, 908 Townships, first class 852 Townships, second class, 853 Compensation (See: COMPENSATION). Delinquent, 902-905 Department of receiver of taxes in first class cities 827-829 Deputy. Appointment, , 860 Executors or administrators of deceased collector, may appoint, 862 Responsibility for acts of, 860 Election. Boroughs, 835 Townships, second class, 839, 840 Executors or administrators acting for, 861, 862 Incompatible offices 80 Oath of office. Boroughs, 851 Townships, first class, 852 Townships, second class 853 Powers and duties (See also: TAXATION— Collection). Consolidation of two or more boroughs, 837 Townships, second class, 841 Powers and liabilities in boroughs, 836 ' Record of borough and township collectors, 857-859 Revival of duplicates and warrants in certain cases, 897 Suit for recovery of taxes after expiration of warrant 889 753 TAX ASSESSORS— (Continued). Sec. Townships, first class. Treasurer of, to collect taxes 838 Vacancies, creation of. Conviction of certain crimes 909 Townships, second class, 847 Vacancies, filling of. Boroughs, 845, 846 Cities, second class 844 Cities, third class, 844 Townships, second class 847 TAX LEVIES. Bonds, payment of. Canals and waterways, aid in construction of certain, 612 Roads, bridges, tunnels, subways and underground rgads,. . 1393 Bridges. City bridges benefiting neighboring townships, 1330, 1331 Rebuilding municipal bridge entered on record as county bifidge 1309 Wholly or partly within single municipality, 1207, 1391 Debt, to liquidate, 631,635 Fixing rate of, Counties above 100,000 617 Office of controller created by decree of court, 623 Libraries, public. Establishment and maintenance, 1537-1540 Increase of, without submission of question to electors. • • 1540 Maintenance, when library established by popular sub- scriptions, 1542 Municipality may join with county, 1549 Submission of question to electors 1538, 1539 Memorial halls. Counties above 150,000, 1113 Counties generally 1104, 1108 Playgrounds, gymnasiums, baths, etc., maintaining and oper- ating, 1091 Property omitted from triennial assessment, 736 Roads. Annual tax for certain purposes, 1371, 1391, 1409 Damages, and cost of repair and maintenance, 1366, 1403 Schools for boys in counties betwen 1,200,000 and 300,000, .... 1150 Schools for juvenile delinquents, 1145 Sewers and sewage disposal plants, • 1523, 1529, 1533 Work houses, 1127 TAX SALES. Acknowledgment, prima facie evidence of, 936 Avoidance on failure of immediate payment, 943 "Caveat emptor" applies, 945 Deeds. Execution and acknowledgment when treasurer making sale is dead, 537 48 754 TAX SALES— (Continued.) Sec. Deeds — (Continued). Indexed with recorder, 284-286 Making and acknowledging, 934 Land taxed and sold not in name of real owner, 945 Powers and duties of sheriffs transferred to treasurers, 935 Purchase by Comrai«sioner of Forestry, 946-948 Purchase by county. ' Certificate of tax rate to fix charge on land 972 No bid made equal to taxes and costs, 970, 971 Public sale of property not redeemed, 978-984 Public sale of unredeemed shares or interests, 974 Sale to Department of Forestry, 975-977 Purchase for use of county, 943 Purchase money. Action of debt for, 942 Payment, 942, 943 Redemption. Adverse claimant for part of land, 964 Improvements, claims for, 969 Joint owners, proportionate shares, 963, 964 Lands purchased by county 973 Moneys remaining in hands of treasurer at expiration of term, 403 Owner of land sold, 961 Owner under legal disability, 961, 962 Person holding lien, etc., against land, 965-967 Proportionate part of lands purchased by county, 974 Taxes accruing since sale 968 Treasurer's receipt may be recorded with 'prothonotary, . . 966 / Unseated land purchased by Commissioner of Forestry, . . . 947 Seated lands. Fine, per centum, added to tax, 951 Joint owners, effect of sale on interests of 954, 955 Joint owners may pay share of taxes any time before sale, 955 No sufficient personal property, 949 Right of redemption, 952 Sufficient personal property, title to remain in owner, .... 953 Surplus money bonds. Certified copies as evidence, 957 Collction on, by executors or administrators of former owner 958, 959 Collection on, by person holding lien, etc., against land, ■ ■ 965 Effect of judgment on lands, 960 Execution and filing, 934, 956 Unseated lands. Authorization of sales, 932 Notice of sales, publication, 932, 933 Notice of sales to be sent to Secretary of Agriculture and Commissioner of Forestry, 933 Part of joint interests, 921 Successor to treasurer advertising, 938-940 Time of sales, 932 Validation, 950 755 Sec. TAXATION (See also: TAX ASSESSORS; TAX COLLEC- TOR; TAX LEVIES; TAX SALES). Assessment districts. Counties between 1,500,000 and 800,000 700 Assessments. According to record of conveyances in counties below 400,000, 748 Annual return of taxable inhabitants, 739 Appeals, from, in case of increased valuation, 810 Appeals from returns of personal property by assessors when false return is suspected, 784 Appeals from revision of, to court of common pleas, 799 Appeals in counties between 1,500,000 and 800,000, 814-816 Appeals in counties between 800,000 and 300,000, 824 Appeals to Supreme or Superior Courts, 800 Auxiliary forest reserves, 764, 765 Board of borough ward assessors 740 Certified duplicates of last adjusted valuations furnished to township commissioners, ' 826 Coal underlying seated lands divided by boundary line, ■ • 703 Decedents' property 754 Ground rents, 758 Increased valuation, notice of, to taxables 810 Made and revised according to records kept by certain first class townships, 752 Making in counties between 1,500,000 and 800,000, 811-813 Making in counties between 800,000 and 300,000, 824 Minerals underlying auxiliary fo;-est reserves, 764 Mortgages held by taxables in another county, 773 Notice of, and time for appeals in counties between 1,500,- 000 and 800,000, 815 Publication of assessments, 785-787 Real property subject, to ground rent, dower or mortgage, 757 Record of conveyance, in counties below 400,000, 746-749 Record of conveyances to be kept by certain first class townships, 750-753 Registration of conveyances for, in counties above 500,000, 745 Returns of personal property by assessor on failure of tax- able to do so, 782 Returns of personal property by assessor when false return is suspected, 784 Returns of personal property by taxables, 779-781 Revision in counties between 1,500,000 and 800,000, 814 Revision in counties between 800,000 and 300,000, 824 Seated lands, boundary line running through mansion house, 762 Seated lands divided by county line, 759 Seated lands divided by township lines, 760, 761 Separate record of bonds, judgments, etc., for purposes of, 770-772 Separate record of mortgages, etc., for purposes of, 769 Statements to taxpayers in counties between 1,500,000 and 800,000 822 Taxes for State and county purposes to be baied on, in counties between 1,500,000 and 800,000 US 756 TAXATION— (Continued.) Sec. Assessments — (Continued). Taxes for State and county purposes to be based on, in counties between 800,000 and 300,000, 825 Timber lands, 756 Unseated lands, 755 Assessments — intermediate. Appeals in counties between 1,500,000 and 800,000, 820, 821 Appeals in counties between 800,000 and 300,000, 824 Completion of reassessment, .741 Making in counties between 1,500,000 and 800,000, 817-819 Making in counties between 800,009 and 300,000, 824 Notice of changes in counties between 1,500,000 and 800,000, 818 Precepts for assessments between periods of triennial as- sessments, 741 Precepts for supplemental assessments, 742 Real estate improved subsequent to last triennial assess- ment, 744 Return of reassessment, 741 Supplemental assessments for certain purposes, 743 Assessments — triennial. From records of mortgages and other obligations, ll^-TJl Precepts for, 732 Property omitted from 736 Time for assessment and return, 732, 735 Townships, first class, 733-735 Transcript of, for supplemental assessments 742 Assessments and revisions 737 Auxiliary forest reserves 764-768 Board of revision. County commissioners to compose board, 805 County commissioners to perform duties of, 810 Notice, appeals and corrections made under existing laws, 809 Oath of members , 805-807 Powers and duties, 808 Collection. Abatements and exonerations, 898-901 Counties where treasurer collects taxes 911-916 Decedents' property, 754 Duplicates and warrants for, issuance of in boroughs and townships, 865 Duplicates and warrants for, issuance of, general, 864 Executors or administrators of deceased collector, 861, 862 Failure to publish assessments not to invalidate or hinder, 786 Final settlements of collectors 891 892 Payment of money collected within six weeks of warrant, 890 Proceedings against sheriff or coroner for failure to pay over moneys received for taxes, 907 Record of collectors and amount of duplicates 867 Recovery of amounts due from delinquent collectors, 902-906 Reductions in counties where treasurer collects taxes, 911,912 Revival of duplicates and warrants in certain cases 897 Warrants effectual for two years, 866 757 TAXATION— (Continued). Sec. Collection in boroughs and townships. Book of taxables and amount of taxes, 868 Deductions for printing and postage expenses < 870,871 Final settlement of collectors, 893 Monthly returns and payments of money collected, 89S Notice to taxables, t. 869 Numbered receipts and stub book, 874 Payments of money collected, to treasurer, 893 Penalty for failure to pay within specified time 872 Public notice of issue and delivery of duplicates, 872 Reduction for payment within specified time, 872 Report of receipts issued, etc., , 875, 876 Settlement of accounts of collectors 894 Time and place for receiving taxes, 873 Delinquent taxes. Arrest of delinquent 883, 884 Counties where treasurer collects taxes, 913, 914 Distress and sale of goods, etc., of delinquent, 883 Distress and sale of goods, etc., of tenant in possession,.. 886 On personal property, 887 Suit for recovery of, by collector after expiration of war- rant, 889 Suit for recovery of, prohibited, 888 Exemption from. Art galleries, property used for, 689 Bonds, etc., of county held for public purposes 696 Buildings incomplete or in course of construction 684 Burial, places of, 685, 686 Certain bonds and mortgages of State normal schools, . • . 698 Charity, institutions of, 685 County industrial farm, work house and reformatories, .... 1137 For library purposes, property already levying tax for library, 1549 Libraries, free, public, non-sectarian, 1561 Library property and income, ■ • 688, 689 Municipal bonds issued in acquiring water plants or systems, 697 Municipal property, ■■ . . 685 Museums, property used for, 689 Playgrounds; equipment and ground, 691 Real property held for certain purposes, ( 687 Real property of municipalities, 683 Real property of religious, educational and charitable insti- tutions, 683 Religious worship, places of, 685 Return of property, 738 School property, 690 State forest reservations, 692 State property, 685 United States, lands acquired by, 693 Work house property, 1125 758 TAXATION— (Continued.) Sec. Exoneration or restitution of excess taxes paid in counties be- tween 1,500,000 and 800,000, 821 Liens. Auxiliary forest reserves, 766, 768 Decedents' property, 754 Public sale of lands purchased at sheriff's sale for tax claims 984 Taxes to be first lien, 985 Taxes to be paid first out of proceeds of judicial sale, • • • 985 Payment of taxes. Employers to deduct from wages of aliens, 879, 880 Lender demanding payment of tax by borrower, prohibited, 680 Moneys at interest, securities, etc., by whom payable, .... 679 Poll tax, by other than person assessed prohibited 881,882 Proportionate share by joint owners of seated land, 878, 955 Tenant in possession, 885 Rate. According to adjusted valuation, 789 Appeals from, in year, after triennial assessments, 798 Appeals from, publication of notice of time and place for, 793 Appeals from revision of to court of common pleas, 799 Appeals from, statement of day for, 791 Appeals from, subsequent to day fixed, 796 Appeals to Supreme or Superior Court, 800 Duplicates of, 795 Estimate of probable expenses for ensuing year, 788 Incijease of, for memorial halls, in counties above 150,000, 1113 Limit, '■ 789 Notice to taxables, 792 Notice to taxables in years after triennial assessments, • • • 797 Regulation according to appeals, 795 Transcripts of, transmitted to assessors 791 Uniformity, 790 Secretary of Internal Affairs, report* to, 927-931 Subjects of. General enumeration, 676 Moneys owing at interest 679, 680 Not taxable for other purposes, 679 Organizations entitled to exemption, property held for revenue, 694 Property in first class cities no longer used for purposes entitling it to exemption, 695 Securities, 679 Shares of stock, 679 Single freemen over twenty-one not following trade or occupation, 677 Traction engines, 678 Vehicles of public conveyance 679 Unnaturalized foreign born residents, subject to 681, 682 Unseated lands. Certified and returned to county commissioners in bor- oughs and townships 926 759 TAXATION— (Continued). Sec. Unseated lands— (Continued). Certified copies of record of payments 924 Holder of file statement, 917 Payment of proportionate share by joint owners 921 Payment within year levied, 919 Payments entered in book, 924, 925 Payments in advance, 920 Payments in arrears, interest on, 919 Receipts, acknowledged, 923 Recording of receipts for, 922 Returns of by county surveyor, 918 TERM OF OFFICE. Board for assessment and revision of taxes. Counties between 1,500,000 and 800,000, 699 Counties between 800,000 and 300,000, 702 Commencement. Auditors, 34 County commissioners, 34 Treasurer, 39 Extension prohibited, 29 Inspectors of weights and measures, 549 Length of term. Controller in counties of 100,000 and over 35 District attorney, person appointed to fill vacancy, 51 Engineer 414 General provisions, 27 Jury commissioners, 61 Solicitor, 411 Tax assessors. Person appointed to fill vacancy, 716 Tax assessors and assistants. Townships, first class, 707 Townships, second class, 709, 710 Viewers, board of, 540 TOLL-BRIDGES (See: BRIDGES; VIADUCTS AND CUL- VERTS). TOLL-ROADS (See: ROADS AND HIGHWAYS). TRACTION ENGINES. - No power to regulate , 562 Subject to taxation, 678 TREASURER (See also: COUNTY OFFICERS). Bond. Additional security required, 409 Auditor General to deliver up, ' 92 Certified copy as evidence, • ■ • 91 Counties between 1,500,000 and 800,000, 114, 1 15 In favor of Commonwealth, 90 In favor of county, °- New bond to be given, ^^^ Person appointed to fill vacancy, '»•' Treasurer of pension board in counties between 1,500,000 and 1,000,000. 299 760 TREASURER— (Continued). Sec. Books and seal for record of payment of taxes on unseated lands, 925 Certificate of appointment, 340, 341 Commonwealth's moneys, separate accounts of, 402 Compensation (See: COMPENSATION; FEES; SALARIES). Duties in handling of moneys. Counties above 100,000 622 Office of controller created by decree of court, - 628 Forfeiture of office. Failure to pay Commonwealth amount due, 42, 43 Failure to transmit bond to Auditor General, 41 General duties, 401 Incompatible offices, 69, 70 Moneys paid for redemption of unseated land, sold for taxes, remaining in hands of treasurer at expiration of term, . - 403 Not to act before receiving certificate and giving bond, 400 Not to succeed himself, 26 Office and records to be kept at seat of justice, 257 Pamphlet laws. Delivery and payment •. 405 Receive subscriptions, ' 404 Pension board in counties between 1,500,000 and 1,000,000. Member of 298 Treasurer of, 299 Powers and duties in tax sales transferred from sheriff, 935 Removal of, 409 Sinking fund commission, member of. Counties between 250,000 and 150,000, 661 Counties generally, ; 654 Term, commencement of, 39 Vacancies. Creation of, 909 Filling of, 40, 41, 43 TUNNELS. Location, construction, operation and maintenance authorized, 1378-1394 TURNPIKES (See: ROADS AND HIGHWAYS). VACANCIES. Auditors, 33 Board for assessment and revision of taxes. Counties between 1,500,000 and 800,000 699 Counties between 800,000 and 300,000, 702 Clerk of court, 60, 290 Controller in counties of 100,000 and over 36 Controller when office is created by decree of court, 38 Coroner. Absconding, 418 Bond and recognizance, 113 Creation and filling : 47 County commissioners, 33 goo County commissioners, clerk of, •. 335, 333 761 VACANCIES— (Continued). Sec. Creation of in general, 325, 327 District attorney 50, 51, 459, 460 Filling of, in general, 27, 28 Jury Commissioners, 62 Prothonotary, 60, 290 Recorder of deeds 60,290 Register of wills 60, 290 Sherifif. Absconding 435 Bond and recognizance, 113 Coroner to act as 432 Surveyor , . . . 46 Tax assessors. Refusing or neglecting to qualify, 713 Term, 714, 716 ^ Third class cities, 714 Townships, 715 Tax collectors. Generally, 844-847, 909 Treasurer 40, 41, 43, 909 Viewers, board of, 538, 540 VIADUCTS (See: BRIDGES AND VIADUCTS). VIEWERS, BOARD OF (See also: COUNTY OFFICERS). Appointment of members, 539 Compensation (See: COMPENSATION; FEES; SALARIES). Establishment, 538 Number of members, 538 Oath of office 540 Oaths, power to administer, 540 Proceedings by and before viewers appointed for particular purpose, 541-548 Qualifications, 538 Removal of members, 540 Rules and regulations of board, 539 Stenographers and clerks, 544 Term, 540 Vacancies, 538, 540 Viewers to be appointed from, 541 WEIGHTS AND MEASURES (See: INSPECTORS OF WEIGHTS AND MEASURES; STANDARDS). WORK HOUSES, 1122-1128 (762)