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wise appropriated, for the purpose of carrying this act into effect.

I do hereby certify that the above bill, entitled "An act to recognize the services of William Bender Wilson to the Commonwealth, during the Civil War," was presented to the Governor on the nineteenth day of March, one thousand nine hundred and three, and was not returned within ten days after it had been presented to him, wherefore it has, agreeably to the Constitution of this Commonwealth, become a law in like manner as if he had signed it.

FRANK M. FULLER,

Secretary of the Commonwealth. Harrisburg, March 31, 1903.

No. 90.

$10,000 for maintenance.

AN ACT
Making an appropriation to the Home for Friendless Chil-

dren for the city and county of Lancaster, at Lancaster,
Pennsylvania.

Section 1. Be it enacted, &c., That the sum of ten thousand dollars, or so much thereof as may be necessary, be and the same is hereby specifically appropriated to the Home for Friendless Children for the city and county of Lancaster, for the two fiecal years beginning June first, one thousand nine hundred and three, for the purpose of maintenance, education and support of homeless, destitute and vagrant children in said home. Approved—The 2d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

No. 91.

AN ACT

Amending sections two and six of an act, entitled "An act

in relation to the laying out, opening, widening, straightening, extending or vacating streets and alleys, and the construction of bridges in the several municipalities of this Commonwealth, the grading, paving, macadamizing or otherwise improving streets and alleys, providing for ascertaining the damages to private property resulting therefrom, the assessment of the damages, costs and expenses thereof upon the property benefited, and the construction of sewers and payment of the damages, costs and expenses thereof, including damages to private property resulting therefrom," approved the sixteenth day of May, Anno Domini one thou. sand eight hundred ninety-one.

Section 1. Be it enacted, &c., That section two of an act, entitled "An act in relation to the laying out,

ment.

opening, widening, straightening, extending or vacating streets and alleys, and the construction of bridges in the several municipalities of this Commonwealth, the grading, paving, macadamizing or otherwise improving streets and alleys, providing for ascertaining the damages to private property resulting therefrom, the assessment of the damages, costs and expenses thereof upon the property benefited, and the construction of sewers and the payment of the damages, costs and expenses thereof, including damages to private property resulting therefrom," approved the sixteenth day of May, Anno Domini one thousand eight hundred and ninety-one, which reads as follows:

“Section 2. The said viewers having been duly sworn Section is act of or affirmed, faithfully, justly and impartially to de- cited for amendcide 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 premises or examined the property, shall hear all parties interested and their witnesses, and shall estimate and determine the damages for property taken, injured or destroyed, to whom the same is payable, and having so estimated and determined the damages, together with the benefits as hereinafter mentioned, they shall prepare a schedule thereof and give notice to all parties to whom damages are allowed, or upon whom assessments for benefits are made, of a time not less than ten days thereafter, and of a place where said viewers will meet and exhibit said schedule and hear all exceptions thereto and evidence. Notice of the time and place of said meeting shall be given by personal service upon all parties allowed damages or assessed benefits as shown upon said schedule, if resident in the municipality, and to all others by publication in the newspapers, as provided in first section of this act. After making whatever changes as are deemed necessary, the said viewers shall make report to the court, showing the damages and benefits allowed and assessed in each case, and file therewith a plan showing the improvements, the properties taken, injured or destroyed, and the properties benefited thereby. When said report is filed, notice thereof

shall be given by publication once in the newspaper . or newspapers publishing the notice provided for in section one of this act. Said notice shall state the date of filing the report, and shall contain a schedule of the damages and benefits as 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 absolutely," be and the same is hereby amended to read as followe:

Section 2. The said viewers, having been duly sworn Viewers to be or affirmed faithfully, justly and impartially to de

sworn.

Hearing.

Schedule

Notice.

cide, 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 premises or examined the property, shall hear all parties interested and their witnesses, and shall estimate and determine the damages for property taken, injured or destroyed, to whom the same is payable; and, hav. ing so estimated and determined the damages, together with the benefits as hereinafter mentioned, they shall prepare a schedule thereof, and give notice to all parties to whom damages are allowed, or upon whom assessments for benefits are made, of a time, not less than ten days thereafter, and of a place where said viewers will 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 a summons in a personal action, upon all parties allowed damages or assessed benefits, as shown by said schedule, if the said parties can be found in the municipality, or upon an adult person residing upon the property affected by the assessment in case the owner or reputed owner cannot be found, and to all others by publication in the newspaper or newspapers 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 publication thereof has also been made, shall be deemed to have been properly served if tacked or conspicuously posted on the premises. Councils, by ordinance, may provide by whom the notice provided by this act shall be posted, given and served, and fix the compensation for said service. After making whatever changes are deemed necessary, the said viewers shall make report to the court, showing the damages and benefits allowed and assessed in each case, and file therewith a plan, showing the improvement, the properties taken, injured or destroyed, and the properties benefited thereby. When said report is filed, notice thereof shall be given by publication once in the newspaper or newspapers publiching the notice provided for in section one of this act.

Said notice shall state the date of filing of the report, and shall contain a schedule of the damages and benefits as 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 absolutely.

Section 2. That section six of said act, which reads as follows:

“Section 6. Upon the report of said viewers, or any two of them, being filed in said court, any party may within thirty days thereafter, file exceptions to the

Publication and poster.

Ordinance.

Report to court, eto.

Notice of Aling.

Section 6. act of May 16, 1891, cited for amendment.

Exceptions to re

.

same, and the court shall have power to confirm said report or to modify, change or otherwise correct the same, or change the assessment made therein, or refer the same back to the same or new viewers, with like power as to their report, within thirty days from the filing of any report in court, any party whose property is taken, injured or destroyed, may appeal and demand a trial by jury, and any party interested in any assessment of damages or benefits may, within thirty days after final decree, have an appeal to the Supreme Court. 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 may make all such orders as it may deem requisite,” be and the same is hereby amended to read as follows:

Section 6. Upon the report of said viewers, or any two of them, being filed in said court, any party in. terested may, within thirty days thereafter, file exceptions to the same; and the court shall have power port. to confirm said report, or to modify, change or otherwise correct the same, or change the assessments made therein, 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 prothono- Duty of protary 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 report is confirmed absolutely. Within thirty days after the confirmation, modification, changing or correcting of any report, any interested party may appeal from the said Appeal. decree to the Superior Court or to the Supreme Court, as the case may be. The said report, when and as finally confirmed, shall be conclusive as to any assessments made therein to pay the costs and expenses of any sewer, street or other improvement. And within thirty days after said report is filed in court, as aforestated, any party whose property is taken, injured or destroyed, or who is assessed benefits to pay damages for property taken, injured or destroyed, may appeal to the court of common pleas, and demand a trial by jury, according to the course of the by jury.

Appeal and trial 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, Amdavit. or of his or their agent or attorney, that the appeal is not taken for the purpose of delay, but because the appellant firmly belieres that injustice has been done. Upon the trial of any such appeal in court, the report of the viewers, as finally approved, confirmed, modified or changed by the court, shall be prima facie evidence of the benefits dence. as therein mentioned; and in case the party appellant does not obtain a verdict more favorable than was the report of viewers, as finally confirmed, modified or changed, the said

Prima facie evl.

Coste.

Orders and pleadings.

appellant shall not recover 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 and such orders as it may deem requisite, and may by rule or otherwise, prescribe the form of the pleadings. After verdict and final judgment, either party may hare an appeal to

the Superior Court or Supreme Court, as in other cases. Appeal to Super- No appeal taken under this act shall prevent the filing lor or Supreme

of liens by any municipality for any assessment made
by said report; but, upon the final termination of the
issue, the court shall make such order as to the lien filed
as shall appear right and proper.
Approved—The 2d day of April,

A. D. 1903.
SAML. W. PENNYPACKER.

Court.

No. 92.

AN ACT

Department of
Fisheries.

Fisheries Commission.

Terms.

To establish a Department of Fisheries, to provide for its

proper administration, and to provide for the protection and propagation of fish by the Department of Fisheries.

Section 1. Be it enacted, &c., That there be, and is hereby, established a Department of Fisheries, to consist of a Commissioner of Fisheries and four other citizens of the Commonwealth, who together shall constitute the Fisheries Commission, each of whom shall be appointed and commissioned by the Governor, by and with the consent of the Senate; the Commissioner of Fisheries, for a term of four years, two of the said citizens for a term of two years, and two of said citizens for a term of four years; and thereafter all appointments shall be made by the Governor, by and with the advice and consent of the Senate, for a term of four years. The persons so appointed, before entering upon the discharge of their duties shall each take and subscribe to the oath of office prescribed by article seven of the Constitution of Pennsylvania. The Commissioner of Fisheries, and the Fisheries Commission, so appointed, shall be clothed with all the powers heretofore conferred by law, respectively, upon the Board of Fish Commissioners, so far as the same are consistent with the provisions of this act.

Section 2. The Commissioner of Fisheries shall be the president and executive officer of the Fisheries Commission, and shall also be chief superintendent of all hatching-stations and fish-cultural establishments belonging to the State; and he shall have full control and management of all such establishments, now existing or which may hereafter be established; and he shall have full control, direction and management of

Oath of office.

Powers,

The Commis-
si er to be pregl-
dent, executive
officer and chiet
superintendent.

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