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No. 68.

AN ACT

Appeals from

To repeal an act, entitled "An act to regulate appeals from

judgments of justices of the peace in the County of Venango, and to give them power to impose payment of costs in certain criminal cases,” approved the eleventh day of March, Anno Domini one thousand eight hundred and seventy.

Section 1. Be it enacted, &c., That the act of the General Assembly of the Commonwealth of Pennsylvania, entitled "An act to regulate appeals from judgments judgment of jusof justices of the peace in the County of Venango, and tices of the peace. to give them power to impose payment of costs in certain criminal cases,” which reads as follows, namely: "That the provisions of an act, entitled 'An act to regulate appeals from judgments of justices of the 1870

, cited for repeace in the county of Cameron, and to give them the peal. power to impose payment of costs in certain criminal cases,' approved the twenty-sixth day of March, Anno Domini one thousand eight hundred and sixty-eight, be and the same are hereby extended to the county of go. Venango," be and the same is hereby repealed.

Repeal. Approved— The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Act of March 11,

County of Venan

No. 69.

AN ACT

To repeal the first section of an act, entitled "An act relating

to proceedings and jurisdiction of justices of the peace in civil causes, in the county of Venango," approved the fifth day of April, Anno Domini one thousand eight hundred and seventy.

Section 1. Be it enacted, &c., That the first section of Venango county. the act of the General Assembly of the Commonwealth, entitled "An act relating to the proceedings and jurisdiction of justices of the peace in civil causes, in the county of Venango," approved the fifth day of April, Anno Domini one thousand eight hundred and seventy, which first section reads as follows: “That in all cases in which judgment shall have been ren- April 5, 1870. cited

for repeal, dered for plaintiff by any of the justices of the peace in the County of Venango, no appeal shall be allowed unless the defendant shall make oath or affirmation, to be filed in the cause, that the same is not intended for delay merely," be and the same is hereby repealed. Repeal. Approved–The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Section 1. act of

No. 70.

AN ACT

Section 4. act of July 10, 1901. cited for amendment.

To amend an act, entitled "An act to regulate and define the

legal relations of an illegitimate child or children, its or their heirs, with each other and the mother and her heirs," approved the tenth day of July, Anno Domini one thousand nine hundred and one; and applying and extending it to all cases, now pending, where the estate of such illegitimate or mother has not been actually paid to and received by collateral heirs or the Commonwealth,

Section 1. Be it enacted, &c., That the fourth section of the act, entitled “An act to regulate and define the legal relations of an illegitimate child or children, its or their heirs, with each other and the mother and her heirs," approved the tenth day of July, Anno Domini one thousand nine hundred and one, which reads as follows, to-wit:

"Section 4. The intent of this act is to legitimate an illegitimate child and its heirs, as to its mother and her heirs; but is not intended to change the existing law with regard to the father of such child, or their respective heirs and legal representatives,” be and is hereby amended so as to read as follows:

Section 4. The intent of this act is to legitimate an illegitimate child and its heirs, as to its motber and her heirs; but is not intended to change the existing law with regard to the father of such child, or their respective heirs and legal representatives. This act shall apply to all cases, now pending, where the estate of such illegitimate or its mother has not been actually paid to and received by collateral heirs or relatives or the Commonwealth, as well as to all such cases happening after the passage of this act. Approved—The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Intent of this act.

No. 71.

AN ACT

Relating to the location, construction and maintenance of via.

ducts and bridges in cities and adjacent territory; empowering the several cities of this Commonwealth to construct, or have constructed, bridges or viaducts over rivers, creeks, streams, railroads and private lands, or over and across any of them, for public highways, and to procure locations therefor by purchase or condemnation proceedings, whether the same be wholly within, or partly within and partly without, the city limits; authorizing said cities to unite and enter into a contract or contracts with the county commissioners of the proper county, and with railroad, street railway, and other companies and parties interested, or with any of them, for the erection, construction and maintenance of said viaducts and bridges, and for the payment of the damages caused by their location and erection; and forbidding any railroad company to pass under any such viaduct or bridge, without contributing to the cost of maintenance thereof.

Section 1. Be it enacted, &c., That the several cities of this Commonwealth are hereby authorized to locate and build viaducts or bridges, to be used as public cltles authorized highways, over rivers, creeks, streams, railroads and or bridges. private property, or over and across any of them, whether the said viaducts or bridges be wholly within, or partly without and partly within, the city limits, for the purpose of uniting two or more different streets or highways, or separate parts of the same highway or extension thereof.

Section 2. The said cities shall have the right to enact ordinances, providing for the laying-out and Ordinances. opening of the routes or locations for said viaducts and bridges, which shall be public highways; and the proceedings for the said laying-out and fixing the locations, and for the opening thereof, shall be the same as is provided by law in the laying-out and opening of streets in said cities, except that no petition of property owners shall be required therefor.

Section 3. In case the said respective city has not agreed with the owner or owners for the damages done, or likely to be done, by the erection of said via. duct or bridge, it shall be lawful for the said city to take and appropriate the lands and property necessary, over and across which to erect said bridge or viaduct, and the damages and benefits caused by said Damages and taking and appropriation shall be assessed by three freeholders, as viewers, appointed by the court of com Viewers. mon pleas, in the same manner and with like proceed. ings as is now, or shall hereafter be, provided by law in the opening of public streets.

Section 4. The said city shall also have the power cities may conto enter into and unite in a contract or in contracts commissioners, with the county commissioners of the proper county, where said viaduct or bridge will cross a river, creek

benefits.

etc.

County commissioners may contract,

Proviso.

or stream, or other place, over which the county is authorized by law to build bridges; and also with railroad, street railway, and other companies and parties interested, or with any or all of them, for the building. constructing and maintenance of said viaduct or bridge, or for certain parts or portions thereof, and for the payment of any damages caused by the location and the said erection.

Section 5. The said county commissioners may con. tract, subject to the approval of the court of quarter sessions of the proper county, for that part or portion of the viaduct or bridge which crosses any river, creek, stream, or other place, over which the county is by

law authorized to build bridges, including the abutPartecto be omaln- ments and piers thereof, and such part shall thereafter bridge.

be maintained as a county bridge; or they may contract for such part or portion of the whole structure as is equal to the part or portion of the viaduct or bridge over the respective river, creek, stream, or other place, as aforesaid: Provided, however, That the said county commissioners may contract to pay an amount of money greater than that which is hereinabove provided for, toward the construction of said work, but the amount of the said additional moneys, over and above the amount necessary to build the

viaduct across the respective river, stream, creek, or Approval of the other place, shall be first approved by the court afore

said.

Section 6. The contracts herein provided for may Stipulations of stipulate that the respective city, county, railroad

company, street railway or other company, or parties interested, or any of them, shall pay a certain part or portion of the whole contract price or cost of the work, including damages; or may stipulate that each shall construct, or pay for the construction of, a certain part or portion of the work, and may otherwise provide for the payment of the damages. When any railroad com

pany, street railway or other company, or other parties Payment made by interested, agree to pay a certain part or portion of

the cost of the entire work, they shall pay such part or portion into the proper city treasury; and upon said payment, the city treasurer shall be liable therefor, and he shall pay the same over to the contractor, as

may be provided in the contract; but the amount to be Payment by the paid by the respective county shall be paid directly to

the contractor, as may be provided by the said contract. The said agreements may also provide for the maintenance of the said viaducts and bridges, after their erection. All contracts provided for by this act shall be binding upon the parties thereto, their lessees, successors, heirs and assigns.

Section 7. Before any railroad, which has not contributed to the payment of the cost of construction of said viaduct or bridge, shall be permitted to run its

court.

contract.

county.

When railroad company has not paid part of cost.

tions.

Award of con

contract.

Contractors' right

line or lines of tracks under said bridge or viaduct, it shall enter into a contract with the said city to thereafter pay a reasonable amount, part or portion toward the keeping-up and maintaining of the said structure, which amount shall be at the same rate, on the same basis, as is paid by the other railroad companies.

Section 8. Whenever the city, county commissioners, and the said railroad, street railway and other companies, and others interested, or any of them, have en. tered into a contract or contracts for the construction of said bridge or viaduct, as is hereinbefore provided, it shall be lawful for the said city and the said county commissioners to have prepared plans or specifications Plans or specificaof the entire work, and thereafter to advertise for bids, and to award the contract to the lowest responsible bidder. The contract for the said work shall provide tract. that the county shall pay for its certain part of said bridge or viaduct, and the city shall contract for the Provisions of the other part of the said work; but the said contract, as to the city's part thereof, shall be based upon the appropriation made by the city for the part of the work for which it had agreed to pay, and the remaining part of the contract price shall be based upon the amounts the other parties have agreed to pay; and the contractor shall have a right of action against each party uniting in said contract, for the part thereof agreed of action, to be paid by each party, respectively, as set forth in the contract or contracts in which all the parties unite, as aforesaid.

Section 9. In case the county commissioners do not unite in any such contract as is hereinbefore provided does not unite in for, or in case said viaduct does not cross any river, creek, stream, or place, over which the county is authorized to build bridges, it shall be lawful for the said city to contract for the construction of the viaduct, as aforesaid, and to pay for the entire work; or to the city may concontract with all, or any other, of the aforesaid parties, in manner aforesaid, in which case the plans and specifications for the said work shall be prepared by the city, and advertisement shall be made for bids, and the contract let, in the manner hereinbefore provided. The contract for the work shall be based upon Basis of contract. the city's appropriation, and upon the amounts agreed to be paid by the other parties, as provided in the preceding section.

Section 10. Any of the contracts hereinabove provided for may be recorded in the recorder's office of the proper county, in which the respective city is situ- tracts. ate, and such record shall be notice to all persons who might be affected thereby. Approved–The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

contract,

tract for entire work.

Recording of con

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