No. 101.

A SUPPLEMENT

To section second of an act, entitled "An act relating to the service of certain process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs," approved the ninth day of July, one thousand nine hundred and one.

Section 1. Be it enacted, &c., That the second section of an act, entitled "An act relating to the service of process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs," approved the ninth day of July, one thousand nine hundred and one, which reads as follows:

July 9, 1901, cited.

"Section 2. The writ of summons, the writ of attach- Section 2, act of ment in execution, and the writ of scire facias in personal actions, may be served by the sheriff upon a corporation, a partnership limited, or a joint stock company, in the county wherein it is issued, in any one of the following methods:

"(a) By handing a true and attested copy thereof to the president, secretary, treasurer, cashier, chief clerk, or other executive officer personally; or,

"(b) By handing a true and attested copy thereof to an adult member of the family of any one of said officers, at his dwelling-house; or,

"(c) By handing a true and attested copy thereof, at his place of residence, to an adult member of the family of the person with whom any of said officers resides; or,

"(d) By handing a true and attested copy thereof, at his place of residence, to the manager or clerk of the hotel, inn, apartment-house, boarding-house, or other place of lodging where any of said officers resides; or,

"(e) By handing a true and attested copy thereof, at any of its offices, depots or places of business, to its agent or person for the time being in charge thereof, if upon inquiry thereat the residence of one of the said officers within the count is not ascertained, or if from any cause an attempt to serve at the residence given has failed; or,

"(f) If the corporation, partnership limited, or joint stock company has no office or place of business in acutal operation in the county where the cause of action arose, then service may be made in such county upon any member of its Board of Directors, in any of the methods set forth in clauses (a), (b), (c), or (d) hereof; or,

"(g) In the case of a registered foreign corporation, partnership limited, or joint stock company, by serv ing its duly registered attorney as in the case of a summons issued against him personally, or by leaving

Service of writs upon a cогроration partnership limited, or a joint-stock company.

Methods of service.

a true and attested copy thereof for him at the registered place, if he be not found there during the usual business hours of any business day, with the person for the time being in charge of the business carried on at such place.

"Provided, That two returns of nihil habet shall be equivalent to personal service, in writs of scire facias to revive judgments entered in personal actions," be and is hereby amended to read as follows:

Section 2. The writ of summons, the writ of attachment in execution, and the writ of scire facias in personal actions, may be served by the sheriff upon a corporation, a partnership limited, or a joint stock company, in the county wherein it is issued, in any of the following methods:

(a) By handing a true and attested copy thereof to the president, secretary, treasurer, cashier, chief clerk, or other executive officer, personally; or,

(b) By handing a true and attested copy thereof to an adult member of the family of any one of said officers, at his dwelling house; or,

(c) By handing a true and attested copy thereof, at his place of residence, to an adult member of the family of the person with whom any of said officers resides;

or,

(d) By handing a true and attested copy thereof, at his place of residence, to the manager or clerk of the hotel, inn, apartment-house, boarding-house, or other place or lodging, where any of said officers reside; or,

(e) By handing an attested copy thereof, at any of its offices, depots, or places of business, to its agents or persons for the time being in charge thereof, if upon inquiry thereat the residence of one of said officers within the county is not ascertained, or if from any cause an attempt to serve at the residence given has failed; or,

(f) If the corporation, partnership limited, or joint stock company has no office or place of business in actual operation in the county where the cause of action arose, then service may be made in such county upon any member of its Board of Directors, in any of the methods set forth in clauses (a), (b), (c), or (d) hereof; or,

(g) If the corporation, partnership limited, or joint stock company has no office or place of business in actual operation in the county in which the cause of action arose, and no member of its board of directors, or other officer, is a resident of the county in which the cause of action arose, then service may be made in any of the methods set forth in clauses (a), (b), (c), (d), (e) or (f) hereof, in any other county than that in which the writ issues, by the sheriff of such other county, who shall be deputized for that purpose by the sheriff of the county in which the writ issues; or,

eign corporations,

(b) In the case of a registered foreign corporation, Registered forpartnership limited, or joint stock company, by serv- etc. ing its duly registered attorney as in the case of a summons issued against him personally, or by leaving a true and attested copy thereof for him, at the registered place, if he be not found there during the usual business hours of any business day, with the person for the time being in charge of the business carried on at such place.

Provided, That two returns of nihil habet shall be Proviso. equivalent to personal service, in writs of scire facias to revive judgments entered in personal actions.

Approved-The 3d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

No. 102.

AN ACT

To validate certain judgments against executors, administrators, guardians, committees, or other fiduciaries, and to validate sheriff's sales of real and personal estate, made by virtue of writs of execution based upon such judgments.

dation of.

Section 1. Be it enacted, &c., That in any and all actions against executors, administrators, guardians, committees, or other fiduciaries, where judgment has been heretofore entered against the defendant or defendants for want of an affidavit of defence, when the plaintiff or plaintiffs were entitled to judgment for want of an appearance, or for any other cause, all such judgments shall be as good, valid and effectual in law Judgments, val as if entered for want of an appearance, or for such other cause; and any and all sales of real or personal estate heretofore made by the sheriff, by virtue of the proper writs of execution based upon such judgments, Sheriff's sales, shall be good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest, of such defendant or defendants, and of the persons and estates represented by them, in and to the said real and personal estate: Provided, however, Proviso. That this act shall not apply to any suits or actions now pending and undetermined.

Approved-The 3d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

validation of.

School-district, enlargement of.

Proportion of real estate, etc.

Division of money or debt.

No. 103.

AN ACT

To provide for ascertaining whether an undue proportion of real estate and school-houses is within a school-district which has been or shall be hereafter enlarged by the annexation of a part, or parts, of a township or townships to a borough, and how much money shall be paid therefor by the enlarged district to the old district, or districts.

Section 1. Be it enacted, &c., That whenever, heretofore, a common school-district has been, or hereafter shall be, enlarged by the annexation of a part or parts of a township, or townships, the court of quarter sessions of the proper county shall determine, on hearing, whether an undue proportion of the real estate and school-houses belonging to the old district, or districts, is within the bounds of such enlarged district, and, if so, how much money shall be paid therefor by such enlarged district to the old district, or districts; and if any money be on hand, or debt unpaid, or any tax or other claims be uncollected, after the settlement of all such accounts prior thereto, the said court shall divide said money or debt amongst the districts, in such proportions, and shall make such order as to uncollected tax or other claims,—as shall be just; and any sum, thus decreed to be due by any district to any district or individual, shall be entered in the nature of a judgment against the same, and shall be subject to execution, in the manner prescribed in the twenty-first section of the general common school law, on the eighth of May, one thousand eight hundred and fifty-four.

Approved-The 3d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

No. 104.

AN ACT

To incorporate the Northampton Bridge Company, in Northampton county, Pennsylvania, and to authorize the building of a bridge, by the said Northampton Bridge Company, across the Delaware river at Martin's creek; and authorizing the said Northampton Bridge Company, by and with the consent of the Commonwealth of New Jersey, to construct the said bridge, in conjunction with any company that has obtained or may obtain the consent of the said Commonwealth of New Jersey.

Section 1. Be it enacted, &c., That H. H. Haines, J. H. Haggerty, W. H. Sawin, J. F. Riley, and W. R.

Northampton

the Delaware

Grubb, and all other persons who may hereafter be subscribers to or holders of the stock hereinafter mentioned, are hereby constituted a body corporate, by the name of the Northampton Bridge Company, for the Bridge Company. purpose of erecting, constructing, maintaining, and managing a bridge across the Delaware river, from a Bridge across point near the mouth of Martin's creek, in the county river. of Northampton and State of Pennsylvania, to connect with a point on the opposite side of the Delaware river, in the county of Warren and State of New Jersey, near the station called Martin's Creek, on the Belvidere and Delaware Division of the Pennsylvania Railroad, the immediate location to be fixed as hereinafter provided. Section 2. That it shall be lawful for the said Northampton Bridge Company, and it is hereby authorized, bridge. by and with the consent of the Commonwealth of New Jersey, or in conjunction with any company that has obtained or may obtain the consent of the said Commonwealth of New Jersey, to construct a toll-bridge, as described in the other sections of this act.

Authorized to

erect a toll

Section 3. The affairs of said company shall be managed by five directors, and H. H. Haines, J. H. Directors. Haggerty, W. H. Sawin, J. F. Riley, and W. R. Grubb are hereby made directors of said company, to continue in office until the second Monday of January, one thousand nine hundred and four, and until others shall be selected or appointed in their stead, as hereinafter provided. The said directors shall have power to fill any vacancies in their number, occasioned by Vacancies, death, resignation or otherwise; and the said directors, so appointed to such vacancies, shall have the same power of the original directors, and shall continue in office until others shall be chosen according to this act. Any two of the said directors shall have power to call a meeting of such directors for the purpose of organization. At least two days' notice shall be given, stating the time and place for such meeting, which may be served personally or by mail.

Organization.

Section 4. The capital stock of said corporation shall Capital stock. be fifty thousand dollars ($50,000), with power to increase the same to seventy-five thousand dollars ($75,000), if necessary. The said stock shall be divided into two thousand shares (2,000), of twenty-five dollars ($25) each; and the directors and their successors are hereby authorized, and it shall be their duty, to solicit, procure, and receive subscriptions to said stock.

Section 5. When stock to the amount of ten thousand dollars ($10,000) in value shall have been subscribed for by responsible parties, the board of directors herein named shall have the power to call a meet- Meeting. ing, in accordance with the provisions of this act:

First, as to the location of said bridge, so as to be con- Location of structed, at or near the points above described; second,

bridge.