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Report to be

fixed by court.

injury or destruction of private property, in and by the Private property. construction or enlargement of any public work, highway or improvement, shall make their reports within hled within time a time which said court shall fix when so appointing them: Provided, That if any of the viewers, or juries Proviso. 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 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.

Section 2. All other acts or parts of acts general special or local inconsistent herewith are hereby re- Repeal. pealed. Approved—The 18th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

No. 36.

AN ACT

To amend the fifth section of an act, entitled "An act to provide for the admission of certain classes of the insane into hospitals for the insane in this Commonwealth, and their discharge therefrom," approved the twentieth day of April, Anno Domini one thousand eight hundred and sixty-nine; providing how the prisoners shall be discharged, in cases of homicide or attempted homicide.

Section 1. Be it enacted, &c., That the fifth section of an act, entitled "An act to provide for the admission of certain classes of the insane into hospitals for the insane in this Commonwealth, and their discharge therefrom," approved the twentieth day of April, Anno Domini one thousand eight hundred and sixty-nine, which reads as follows:

“If, after a confinement of three months' duration, Section 5 act of any law judge shall be satisfied by the evidence pre- cited for amendsented to him that the prisoner has recovered, and that the paroxysm of insanity in which the criminal act was committed was the first and only one he had ever experienced, he may order his unconditional discharge. If, however, it shall appear that such paroxysm of insanity was preceded by at least one other, then the court may, in its discretion, appoint a guardian of his person, and to him commit the care of the prisoner, said guardian giving bonds for any damage his ward may commit: Provided always, That in case of homicide or attempted homicide the prisoner shall not be discharged unless in the unanimous opinion of the

ment.

What the law judge may do.

Order.

superintendent and the managers of the hospital, and the court before which he or she was tried, he or she has recovered and is safe to be at large,” be and the same is hereby amended to read as follows:

Section 5. If, after a confinement of three months duration, any law judge shall be satisfied by the evidence presented to him that the prisoner has recovered, and that the paroxysm of insanity in which the criminal act was committed was the first and only one he had ever experienced, he may order his unconditional discharge. If, however, it shall appear that such paroxysm of insanity was preceded by at least

one other, then the court may, in its discretion, appoint Guardian,

a guardian of his person, and to him commit the care of his prisoner; said guardian giving bond for any damage his ward may commit: Provided always, That in

of homicide or attempted homicide, the prisoner shall

shall not be discharged, unIn case of homl- less in the opinion of the superintendent and three

fourths of the managers of the hospital and the court
before which he or she was tried, he or she has re-
covered and is safe to be at large.
Approved—The 19th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Proviso.

case

cide.

No. 37.

AN ACT

To repeal the first and second sections of an act, entitled "An

act relating to roads and bridges in certain townships in the county of Lawrence; to the register's court of Lawrence county; to the bail of constables, to the premium on fox scalps, and to the borough of New Bedford, in said county; to incorporate the McConnellsburg and Burnt Cabin Turnpike or Plankroad Company; to pay the school treasurer of Huston township, Centre county, certain money; to certain election districts; to the will of Robert Gilgore; authorizing the commissioners of Armstrong county to build a bridge, and relative to the official acts of Warren Perry, a justice of the peace in Warren county,” approved the thirteenth day of April, one thousand eight hundred and fifty-three.

Section 1. Be it enacted, &c., That the first and second sections of an act, entitled “An act relating to roads and bridges in certain townships in the county of Lawrence; to the register's court of Lawrence county; to the bail of constables, to the premium on fox scalps, and to the borough of New Bedford, in said county; to incorporate the McConnellsburg and Burnt Cabins Turnpike or Plankroad Company; to pay the school treasurer of Huston township, Centre county, certain money; to certain election districts; to the will

peal.

of Robert Gilgore, authorizing the commissioners of Armstrong county to build a bridge; and relative to the official acts of Warren Perry, a justice of the peace in Warren county," approved the thirteenth day of April, one thousand eight hundred and fifty-three, which reads as follows:

“Section 1. Be it enacted, &c., That the act relating Sections 1 and ? to roads and bridges in the counties of Crawford, 1853, cited for reClearfield, and Greene, approved the seventh day of May, Anno Domini one thousand eight hundred and forty-four, be and is hereby extended to the townships of Mahoning, Pulaski, Wilmington, North, Slippery Rock, and Neshannock, in the county of Lawrence.”

“Section 2. That any act inconsistent with the first section of this act is hereby repealed, so far as relates to the townships of Mahoning, Pulaski, Wilmington, North, Slippery Rock, and Neshannock, in the county of Lawrence,” be and the same are hereby repealed Approved-The 19th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Repeal.

No. 38.

AN ACT

Authorizing councils, in boroughs and in cities of the second class and third class, within this Commonwealth, to issue subpoenas, and to take the testimony of witnesses in any pending case of inquiry, investigation, or impeachment; also providing for the compulsory production of books and papers, and a mode of compelling the attendance of witnesses, by attachment for contempt; and providing for the punishment of perjury, by witnesses so called.

Section 1. Be it enacted, &c., That the councils, and Councils of boreach branch thereof, of any borough, or of any city of of first and sec

ond class. the second or third class, within this Commonwealth, shall have power to compel the attendance of wit. nesses, and the production of books, papers and other evidence, at any meeting of the body or any committee thereof, and for that purpose may issue subpoenas, May Issue subsigned by the President of council or the chairman of poenas. the committee, in any pending case of inquiry, investigation or impeachment, and cause the same to be

Impeachment. served and executed in any part of this Commonwealth; and if any witness shall refuse to testify as to in case of re

fusal to testify, any fact within his knowledge, or to produce any etc. books or papers within his possession or under his control, required to be used as evidence in any such case, the clerk of that branch of council, by whose authority such witness was subpoenaed, shall forthwith report Report to court. the facts relating to such refusal to one of the courts of

Hearing.

Order.

Commitment.

Indictment, etc.

common pleas of the county within which such borcugh or city is situated; and all questions arising opon such refusal, and also upon any new evidence, not included in said clerk's report (which new evidence may be offered in behalf of or against such witness), shall at once be heard by said court. If the court determines that the testimony or evidence required by such witness is legal and properly competent, and ought to be given or produced by him, then said court shall make an order commanding such witness to testify or produce books or papers (or both, as the case may be), and if such witness shall thereafter refuse to testify or to produce books or papers, as aforesaid, in disobedience of such order of the court, then the said court shall have power to order the commitment of such witness to the county jail of the proper county, for contempt.

Any person, so called as a witness, may be examined under oath, and shall be liable to indictment, conviction and punishment for perjury, in the same manner and to the same extent as if the witness had been called and examined before any committee of the Leg. islature of the Commonwealth, or in any judicial proceeding before any of the courts thereof, in accordance with existing laws: Provided, That the person or persons outside of such borough or city, subpoenaed as aforesaid, shall not be required to respond to the same until they have been furnished with mileage to and from said borough or city, at the rate of ten cents per mile, and a per diem allowance of two dollars for the time their presence is desired in said city.

Section 2. All acts or parts of acts in conflict with
the provisions of this act be and the same hereby are
repealed.
Approved—The 19th day of March, A. D. 1903.

SAML, W. PENNYPACKER.

Proviso.

Mileage, etc.

Repeal,

No. 39.

AN ACT

Amending section one (1) of an act, entitled "An act relating to
mandamus," approved the eighth day of June, Anno Domini
one thousand eight hundred and ninety-three.

Section 1. Be it enacted, &c., That section one (1) of
an act, entitled "An act relating to mandamus," ap.
proved the eighth day of June, Anno Domini one thou-
sand eight hundred and ninety-three, which, after the

Mandamus.

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Section 1. act of

cited for amend

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enacting clause, is as follows: "That the several courts of common pleas shall, within their respective coun- June 8, 1893, ties, have power to issue writs of mandamus to all offi- ment. cers and magistrates elected or appointed in or for the respective county, or in or for any township, district or place within such county, and to all corporations being or having their chief place of business within such county; and the court of common pleas of the county in which the seat of government is or may be located shall have the power, and it shall be required, to issue the writ of mandamus to the Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Sec. retary of Internal Affairs, Superintendent of Public Instruction, State Treasurer, Auditor General, Insurance Commissioner, and Commissioners of the Sinking Fund,” be and the same is hereby amended to read is follows:

That the several courts of common pleas, within Power of courts their respective counties, shall have the power to issue writs of mandamus to all officers and magistrates elected or appointed in or for the respective county, or in or for any township, district, or place within the county, and to all corporations being or having their chief place of business within such county, and to any corporation doing business or having its property in whole or in part within the county: Provided, The re- Proviso. lief, act, duty, matter or thing, the performance of which is sought, should be given or performed within such county; and the court of common pleas of the county in which the seat of government is or may be located, shall have the power, and it shall be required, to issue the writ of mandamus to the Lieutenant Gov. ment. empor, Secretary of the Commonwealth, Attorney General, Secretary of Internal Affairs, Superintendent of Public Instruction, State Treasurer, Auditor General, Secretary of Internal Affairs, Superintendent of Public Instruction, State Treasurer, Auditor General, Insurance Commissioner, and Commissioner of the Sinking Fund. Approved—The 19th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Power of court
at seat of govern-

No. 40.

· AN ACT

To provide for the valuation of life insurance policies. Section 1. Be it enacted, &c., That for the year one thousand nine hundred and three, and each succeediog

3 Laws.

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