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shall adopt plans, etc.

maintenance thereof, and shall have power to carry the same into execution; and all moneys expended shall be under their supervision, but no contracts shall be made for said improvement unless an appropriation therefor shall have been first made by the Legislature," be and the same is hereby amended to read as follows:

That the Commissioners of the said Park, after they Commissioners shall have secured possession of the said grounds, shall adopt plans for the improvement, preservation and maintenance thereof, and shall have power to carry the same into execution; and shall also have power to deputize one or more persons as special constables to Special constamaintain order within said park, protect the property

bles. from destruction, and make arrests for riots or illegal trespasses; and all moneys expended shall be under the supervision of the Commissioners, but no con- Contracts. tracts shall be made for said improvement unless an appropriation therefor shall have been first made by the Legislature. Approved—The 19th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

No. 45.

AN ACT

To amend sections three and eight of an act, entitled "An act

relating to replevin, and regulating the practice in case where the writ of replevin is issued," approved the nineteenth day of April, Anno Domini one thousand nine hundred and one; providing for the intervening of a party defendant, the extension of time for giving bail, and the revision of the action of the prothonotary in taking bail in vacation time.

Section 1. Be it enacted, &c., That the third section of an act, entitled “An act relating to replevin, and regulating the practice in cases where the writ of replevin is issued," approved the nineteenth day of April, one thousand nine hundred and one, which reads as follows: "The court may grant leave to any person, Section 3, act of upon an aflidavit filed that the goods and chattels só April 19, 1901. replevined belong to him to intervene as party de ment. tendant in such suit; and the defendant or party so intervening may file a counter bond within seventy-twn hours after such goods or chattels have been replevined, during which time the said goods and chattels shall remain in the possession of the sheriff, and which time may be extended by the court upon cause shown. Such counter bond shall be given to the Commonwealth of Pennsylvania, for the use of the parties interested, in the same amount as the original bond and with like conditions. Where several parties claim the right to

Leave to inter.

Counter bond.

parties claim right to give bond

give a counter bond and have possession of said goods and chattels, the party who is in actual or constructive possession of the goods and chattels at the time the writ of replevin was served shall, upon entering the proper counter bond, be entitled to have said goods and chattels,” be and the same is hereby amended so as to read as follows:

The court or, in vacation time, a judge thereof at

chambers, may grant leave to any person, upon an yenes as party de affidavit filed that the goods and chattels so replevined

belong to him, to intervene as party defendant in such suit; and the defendant or party so intervening may file a counter bond within seventy-two hours after such goods or chattels have been replevined, during which time the said goods and chattels shall remain in the possession of the sheriff, and which time may be extended by the court or, in vacation time, a judge thereof at

chambers, upon cause shown. Such counter bond shall be given to the Commonwealth of Pennsylvania, for the use of the parties interested, in the same amount as the original bond and with like conditions.

Where several parties claim the right to give a counter Where several bond and have possession of said goods and chattels,

the party who is in actual or constructive possession of the goods and chattels at the time the writ of replevin was served shall, upon entering the proper counter bond, be entitled to have such goods and chattels.

Section 2. That the eighth section of said act, which

reads as follows: “Section eight. The prothonotary cited for amend- shall, in the first instance, fix the amount of bail, and

approve or reject the security offered; his action in either regard shall be subject to revision by the court. In order to determine the amount of bail the plaintiff shall make an affidavit of the value of the goods and chattels, which value shall be the cost to the defendant of replacing them, should the issue be decided in his favor. The court may, upon motion, increase the amount of bail required; may require new bail, if for any reason the old bail has become insufficient, and may enter a non pros. against the party in default, if he has the goods and chattels, and its order be not complied with, or may permit the substitution of bail for that already given and enter an exoneratur on the bail bond," be and the same is hereby amended so as to read as follows:

Section 8. The prothonotary shall, in the first instance, fix the amount of bail and approve or reject the security offered. His action in either regard shall be subject to revision by the court or, in vacation time, a judge thercof at chambers. In order to determine the amount of bail, the plaintiff shall make an affidavit of the value of the goods and chattels, which value shall

Section 8, act of
April 19, 1901,

ment.

The ball.

Revision of by the court.

Andavit.

be the cost to the defendant of replacing them, should the issue be decided in his favor. The court or, in vacation time, a judge thereof at chambers may, upon motion, increase the amount of bail required; may re

Increase of ball, quire new bail, if for any reason the old bail has be- etc. come insufficient, and may enter a non pros. against the party in default, if he has the goods and chattels, and its orders be not complied with, or may permit the substitution of bail for that already given and enter an exoneratur on the bail bond. Approved-The 19th day of March, A. D. 1903.

SAML, W. PENNYPACKER.

No. 46.

AN ACT

To amend an act, entitled "An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes, and for municipal improvements, and for the removal of nuisances; the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales," approved the fourth day of June, one thousand nine hundred and one; providing for liens and claims of townships of the first class, relative to sewers and drains.

Section 1. Be it enacted, &c., That the paragraph of section one, entitled "An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes, and for municipal improvements, and for the removal of nuisances; the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales," approved the fourth day of June, one thousand nine hundred and one, which reads as follows:

“The words ‘municipal claim,' as used in this act, Paragraph of mean the claim filed to recover for the grading, gut- of June 4, 1901, tering, macadamizing or otherwise improving the cart. cited for amendways of any public highway; for grading, curbing, recurbing, paving, repaving, construction or repairing the footways thereof; for laying water-pipes, gaspipes, culverts, sewers, branch sewers, or sewer connections therein; for assessments for benefits in the opening, widening or vacation thereof; or in the changing of watercourses or the construction of sewers through private lands; for the removal of nuisances; or for water-rates, lighting-rates or sewer-rates," be

"Municipal
claim" defined.

Highways of townships of first class.

Section 4 of the act of June 4, 1901, cited for amendment.

and the same is hereby amended so as to read as fol. lows:

The words "municipal claim," as used in this act, mean the claim filed to recover for the grading, gut. tering, macadamizing or otherwise improving the cartways of any public highway; for grading, curbing, recurbing, paving, repaving, constructing or repairing the footways thereof; for laying water-pipes, gaspipes, culverts, sewers, branch sewers, or sewer connections therein; for assessments for benefits in the opening, widening or vacation thereof; or in the changing of water courses or the construction of sewers through private lands; or in highways of townships of the first class; or in the acquisition of sewers and drains constructed and owned by individuals or cor porations, and of rights in and to use the same; for the removal of nuisances; or for water-rates, lightingrates or sewer-rates.

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

“Section 4. The lien for taxes shall exist in favor of and the claim therefor may be filed against the property taxed by, any county, city, borough, township, school district, road district or poor district to which the tax is payable. The lien for the removal of nuisances shall exist in favor of, and the claim therefor may be filed against the property from which it is re. moved or by which it is caused, by any city, borough or township by or for which the nuisance is removed. The lien for grading, guttering, paving, macadamizing or otherwise improving the cartways of; for grading, curbing, recurbing, paving, repaving, constructing or repairing the footways thereof; or for laying waterpipes, gas-pipes, culverts, sewers, branch sewers, or sewer connections in any highway; for assessments for benefits in the opening, widening or vacation thereof; or in the changing of watercourses or construction of sewers through private lands; or for water-rates, lighting-rates or sewer-rates, shall exist in favor of, and the claim therefor may be filed against the property benefited thereby, and in favor of the city or borough crtending the benefit. Where the contractor performing the work is to be paid by assessment bills, the lien shall exist for, and the claim shall be filed to, this use, and he shall under no circumstances have recourse to the city, borough or township authorizing the work," be and the same hereby is amended so as to read as follows:

Section 4. The lien for taxes shall exist in favor of, and the claim therefor may be filed against the property taxed by, any county, city, borough, township, school district, road district, or poor district to which the tax is payable. The lien for the removal of nui. sances shall exist in favor of, and the claim therefor

Lien for taxeg.

For removal of nuisances.

ing, etc.

is paid by assessment bills.

may be filed against the property from which it is removed, or by which it is caused, by, any city, borough or township by or for which the nuisance is removed. The lien for grading, guttering, paving, macadamizing or otherwise improving the cartways of; for grading, For grading, pavcurbing, recurbing, paving, repaving, constructing or repairing the footways thereof; or for laying waterpipes, gas-pipes, culverts, sewers, branch sewers, or sewer connections in any highway; for assessments for benefits in the opening, widening or vacation thereof; or in the changing of watercourses or construction of sewers through private lands; or in highways of town Highways of

townships of first ships of the first class; or in the acquisition of sewers class. and drains constructed and owned by individuals or corporations, and of rights in and to use the same; or for water-rates, lighting-rates or sewer rates, shall exist in favor of, and the claim therefor may be filed against the property thereby benefited by, the city, borough or township extending the benefit. Where Where contractor the contractor performing the work is to be paid by assessment bills, the lien shall exist for, and the claim shall be filed to, his use, and he shall under no circumstances have recourse to the city, borough or township authorizing the work.

Section 3. Section five of the said act, which reads as follows:

"Section 5. Public property used for public purposes Section 5 of act shall not be subject to tax claims or municipal claims; cited for amendand 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 the removal of nuisances, for sewer claims and sewer connections, or for the recurbing, 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 or borough from providing that any municipal work may be done at the expense of the public generally, and be paid for out of the general city or borough funds," be and the same hereby is amended so as to read as follows:

Section 5. Public property used for public purposes shall not be subject to tax claims or municipal claims; ous worship, etc., 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 puisances, for sewer claims and sewer connections, or for the recurbing, paving, ropaving or repairing the footways in front thereof. All other real estate, by whomsoever owned and for whatsoever purpose used,

ment.

Public property, places of religi.

exempt.

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