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Section 21, act of
June 18, 1895,
cited for amend-
ment.

Fines and penaltles.

To be paid into treasury of municipality.

Proviso.

No. 179.

AN ACT

To amend the twenty-first section of an act, entitled “An act to provide for the more effectual protection of the public health in the several municipalities of this Commonwealth," approved the eighteenth day of June, Anno Domini one thousand eight hundred and ninety-five; limiting the time in which actions may be brought for the recovery of fines or penalties under said act.

Section 1. Be it enacted, &c., That section twentyone of the act, entitled "An act to provide for the more effectual protection of the public health in the several municipalities of this Commonwealth," approved the eighteenth day of June, Anno Domini one thousand eight hundred and ninety-five, which reads as follows:

"Section 21. Any physician, undertaker, principal of a school, superintendent of a Sunday school, sexton, janitor, head of a family, or any other person or persons named in this act, who shall fail, neglect or refuse to comply with, or who shall violate, any of the provisions or requirements of this act, shall, for every such offense, upon conviction thereof before any mayor, burgess, alderman, police magistrate, or justice of the peace of the municipality in which said offense was committed, be liable to a fine or penalty therefor of not less than five dollars nor more than one hundred dollars; which said fines or penalties shall be paid into the treasury of said municipality; and in default of payment thereof, such person or persons, so convicted, shall undergo an imprisonment in the jail of the proper county for a period not exceeding sixty days," be and the same is hereby amended so as to read as follows:

Section 21. Any physician, undertaker, principal of a school, superintendent of a Sunday school, sexton, janitor, head of a family, or any other person or persons named in this act, who shall fail, neglect or refuse to comply with, or who shall violate, any of the provisions or requirements of this act, shall, for every such offense, upon conviction thereof before any mayor, burgess, alderman, police magistrate, or justice of the peace of the municipality in which said offense was committed, be liable to a fine or penalty therefor of not less than five dollars nor more than one hundred dollars; which said fines or penalties shall be paid into the treasury of said municipality; and in default of payment thereof, such person or persons, so convicted, shall undergo an imprisonment in the jail of the proper county for a period not exceeding sixty days: Provided, however, That all actions for the recovery of any fine or penalty for the violation of any of

the provisions of this act, shall be commenced within sixty
days from the commission of the offence, and not after
wards.

Approved-The 22d day of April, A. D. 1903.
SAML. W. PENNYPACKER.

Actions shall be 60 days of offense.

commenced within

No. 180.

AN ACT

Relating to new trials in cases of murder.

evidence.

Section 1. Be it enacted, &c., That whenever by Murder. petition, supported by after discovered evidence, it After discovered shall be made to appear to the Supreme Court that there is ground for substantial doubt as to the guilt of any prisoner convicted of murder of the first degree, the said court shall have power to authorize the court of oyer and terminer in which such prisoner has been convicted to grant a rule for new trial, nunc pro tunc, notwithstanding the expiration of term in which such prisoner was convicted and sentenced; and thereupon the said court of oyer and terminer may, in its discretion, grant and proceed to hear such rule, as Hearing. in other cases.

Section 2. Upon the termination of the hearing of

Rule for a new trial.

not be deemed

such rule, if the court of oyer and terminer shall not If grounds shall deem the grounds sufficient it shall thereupon dis- suficient. charge said rule, and the proceedings shall terminate, and the judgment and sentence theretofore entered of record shall remain unaffected.

deemed sufficient.

Section 3. But if said court of oyer and terminer If grounds are shall be of opinion that, of right and justice, a new trial should be granted, it shall set forth its opinion Opinion. to that effect, and thereupon the prisoner may bring the opinion, together with the evidence, before the Supreme Court, as if upon appeal; and if the Supreme Court shall, after hearing, concur with the court of oyer and terminer that of right and justice a new trial should be had, it shall have power to authorize the court of oyer and terminer to make the rule for new Rules for new trial absolute; and thereupon the case shall proceed in said court as if a new trial had been granted in due course, at the instance of the prisoner during the term.

Approved-The 22d day of April, A. D. 1903.
SAML. W. PENNYPACKER.

trial, etc.

Section 9, act of June 2, 1899, cited for amendment.

Report of Department of Mines.

Distribution.

No. 181.

AN ACT

To amend an act, entitled "An act to regulate the publication, binding and distribution of the public documents of this Commonwealth," approved the second day of June, Anno Domini one thousand eight hundred and ninety-nine.

Section 1. Be it enacted, &c., That from and after the passage of this act, the printing, binding, distribution, and number of the several public documents of this Commonwealth shall be as follows, to wit:

"Section 9. Eight thousand six hundred copies of the report of the Secretary of Internal Affairs on Mines: two thousand for the Senate, four thousand for the House, two thousand for the Secretary of Internal Affairs, fifty for the Governor, fifty for the Secretary of the Commonwealth, one hundred for the State Librarian, and four hundred to be reserved for official documents," be amended to read as follows:

Section 9. Eight thousand six hundred copies of the report of the Department of Mines: one thousand for the Senate, two thousand for the House, five thousand to the Department of Mines, fifty for the Governor, fifty for the Secretary of the Commonwealth, one hundred for the State Librarian, and four hundred to be reserved for official documents.

Approved-The 22d day of April, A. D. 1903.
SAML. W. PENNYPACKER.

Boroughs and townships.

Overseers of the poor.

Act of June 4, 1883, cited for amendment.

No. 182.

AN ACT

ap

Amending an act, entitled "An act amending an act, entitled 'An act regulating the election of overseers of the poor,' proved the fourth day of June, Anno Domini one thousand eight hundred and eighty-three, so as to permit the election of one female overseer of the poor.

Section 1. Be it enacted, &c., That the first section of an act, entitled "An act amending an act, entitled 'An act regulating the election of overseers of the poor,'" approved the fourth day of May, Anno Domini one thousand eight hundred and eighty-three, which is as follows: "That on the third Tuesday of February, Anno Domini one thousand eight hundred and eightytwo, the qualified electors of each borough and township within this Commonwealth, shall elect two persons overseers of the poor, the one receiving the highest number of votes to hold his office for the term of two

years, and the one receiving the next highest number of votes to hold his office for the term of one year, and annually thereafter they shall elect one person overseer of the poor, to hold his office for the term of two years: Provided, That this act shall not apply to counties having county poor-houses managed by directors elected for that purpose, or the commissioners of such county, nor to poor districts having poorhouses managed by directors of the poor," be so amended as to read as follows:

Election of overseers of the poor.

Section 1. Be it enacted, &c., That on the third Tuesday of February, Anno Domini one thousand eight hundred and eighty-two, the qualified electors of each borough and township, within this Commonwealth, shall elect two persons overseers of the poor, the one Term. receiving the highest number of votes to hold said office for the term of two years, and the one receiving the next highest number of votes to hold said office for the term of two years: Provided, that one of Proviso. said overseers of the poor in each borough and township may be a female: And provided also, That this act shall not apply to counties having county poor-houses, managed by directors elected for that purpose or the commissioners of such county, nor to poor districts having poor-houses managed by directors of the poor. Approved-The 22d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

Proviso.

No. 183.

AN ACT

Enabling the burgess and council of any borough or incorporated town, by ordinance, to annex to the borough or incorporated town adjacent territory, upon petition of a majority of the freehold owners thereof.

Section 1. Be it enacted, &c., That the burgess and council of any borough or incorporated town shall have power, on petition of a majority of the freehold owners of any lot or outlots of any section of land lying adjacent to said borough or incorporated town, to declare, by ordinance, the admission of such lots or outlots. Whenever the borough or town authorities shall extend the limits of such borough or town, as aforesaid, they shall file, in the court of quarter session of the proper county, a plan or plot, showing the boundary both of the original borough or town and of the section admitted, together with the certified copy of the ordinance, and a description of the boundaries both of the original borough or town and of

Boroughs or Whe
Annexation of ad-
Petition of free-
holders.

corporated towns.

jacent territory.

Plan to be filled.
Admission.

Repeal.

the borough or town as extended, giving the courses and distances in words at length; which section shall, after the filing of the matter as aforesaid, be deemed part of said borough or town, and subject to its jurisdiction and government.

Section 2. All acts or parts of acts inconsistent herewith are hereby repealed.

Approved-The 22d day of April, A. D. 1903.

SAML. W. PENNYPACKER.

Miners' Home.

The Governor to appoint board of trustees.

Powers of trustees.

tract with em

ployers and employes.

No. 184.

AN ACT

To provide a Miners' Home or Homes for old, crippled and helpless employes of the coal mines of Pennsylvania; for the naming of trustees, with power to purchase land, erect buildings thereon, and manage the same; the admission of the wives of such employes where they have reached the age of fiftyfive years; the conditions for admission to such Home or Homes, and the raising of revenue to support it or them.

Section 1. Be it enacted, &c., That a board of five citizens of the State of Pennsylvania, two of whom shall be selected from the anthracite regions of Pennsylvania, one from the employer and one from the employe class; two from the bituminous regions of Pennsylvania, one from the employer and one from the employe class, and one well known sociologist, shall be named by the Governor to act as trustees for the following purposes:

Section 2. That the said trustees are empowered, in the name of the Miners' Home of Pennsylvania, to purchase land, and erect building thereon for the indigent and aged people who have been employed in, around and about the mines, and for the wives of such people, and to do all necessary acts and things that may be essential in establishing a Home, within the intent of this legislation.

Section 3. That for the purposes of this Home, it Trustees may con shall be lawful for the said trustees to enter into contracts with the employers operating coal mines in Pennsylvania, and the employes in, around and about the coal mines, for the purpose of raising revenue to establish and maintain such Home or Homes.

Special fund.

Section 4. That all moneys raised by reason of these contracts are to be paid into the State Treasury of Pennsylvania, and there held as a special fund, subject to the orders of the trustees.

Section 5. That after a concensus of opinion is ascertained, by and through the representatives of the laboring people and the trustees, as to what amount

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