sors. Section 2. It shall be the duty of the assessor, when Duties of assessuch affidavit is filed with him, to record upon his assessment-book the amount of timber land upon which the owner or owners may be entitled to receive the rebate, together with the value at which such timber land shall be assessed, for the purpose of furnishing the necessary information to those who shall prepare the respective tax duplicates, and upon which duplicates the amount of the said rebate shall be stated. No additional compensation shall be allowed any as Compensation of. sessor for performing the duties required by this act. It shall likewise be the duty of each assessor, after receiving such affidavit, to file the same, at the time of making his return, with the county commissioners of the respective counties. Section 3. The following acts of Assembly, to wit: "An act for the preservation of forests, and partially relieving forest lands from taxation," approved May twenty-fifth, one thousand eight hundred and ninetyseven (Pamphlet Laws, 88); "An act to encourage the preservation of forests, by providing for a rebate of certain taxes levied thereon," approved April eleventh, one thousand nine hundred and one (Pamphlet Laws, 77); Act of May 25, 1897, and act of cited for repeal. April 11, 1901. And all other acts or parts of acts inconsistent with Repeal. the subject matter covered by this act, be and the same are hereby repealed. APPROVED-The 8th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 89. AN ACT Authorizing the recording, by the city clerk or clerk of the select or common council, of the cities and boroughs of this Commonwealth, within thirty days from the date of the passage of this act, of all ordinances required by law to be recorded within a certain time, in the ordinance book of such cities or boroughs kept for the purpose, and which have not been recorded within such time, and making valid all ordinances so recorded, and which are now invalid by reason of the failure so to record; and also making valid and ratifying all contracts and obligations heretofore made or given under such ordinance or ordinances, and also all contracts and obligations heretofore or hereafter made under the authority thereof, after recording as provided in this act. Section 1. Be it enacted, &c., That in all cities or City or borough boroughs of this Commonwealth the city clerks or the clerks of the select or common council, of the said city or borough, whose duty it is to record all ordinances passed by the select and common councils and approved by the mayor, or passed by a legal majority of councils without his approval, or becoming a law ordinances. Failure or neglect to record. by reason of the mayor not having returned the same, and who have duly published any such ordinance or ordinances, as required by law, but have failed or neglected, within the time directed by law, to so record any such ordinance or ordinances, in books provided by the said cities or boroughs for that purpose, be and they are hereby authorized to record all such ordinances within thirty days from the passage of this act, with the same power and effect as if originally recorded in time; and each and every of such ordinances, when so recorded within thirty days from the passage of this act, shall be as valid and effectual to all intents and purposes as if the same had been recorded within the time and in the manner heretofore Contracts, obliga- directed by law; and all contracts, obligations and pay Validated, tions, payments, etc., validated. ments heretofore made or given, or hereafter to be made or given, in pursuance of any such ordinance or ordinances, shall, when such ordinance or ordinances shall be recorded within the time and in the manner herein provided, be as valid and binding as though the said ordinance or ordinances had been originally recorded within the time and in the manner required by law. APPROVED-The 8th day of April, A. D. 1905. SAML. W. PENNYPACKER. Section 35, act of May 8, 1854, cited for amendment. No. 90. AN ACT To amend section thirty-five of an act, entitled "An act for the regulation and continuance of a system of education by common schools," approved the eighth day of May, Anno Domini one thousand eight hundred and fifty-four; providing for the payment of assessors. Section 1. Be it enacted, &c., That section thirty-five of an act, entitled "An act for the regulation and continuance of a system of education by common schools," approved the eighth day of May, Anno Domini one thousand eight hundred and fifty-four, which reads as follows: "Section 35. That it shall be the duty of the sev eral assessors to assess such persons as may remove into the respective districts between the last assessment and the first of May in each year, or who may have been omitted from the last assessment, and to return their names, with the amount of State and county tax payable by each, to the board of school directors, who shall thereupon assess the amount of school tax payable by such persons, which tax shall be collected as in other cases," shall be amended to read as follows: Section 35. That it shall be the duty of the several Duty of assessora. assessors to assess such persons as may remove into the respective districts between the last assessment and the first day of May in each year, or who may have been omitted from the last assessment, and to return their names, with the amount of State and county tax payable by each, to the board of school directors, who shall thereupon assess the amount of school tax payable by such persons, which tax shall be collected Payment by the as in other cases; and for taking such assessment the assessor shall be paid by the county commissioners the same compensation per diem as now allowed by law. APPROVED-The 8th day of April, A. D. 1905. SAML. W. PENNYPACKER. county. No. 91. AN ACT To amend an act, entitled "An act relating to executions," approved June sixteenth, eighteen hundred and thirty-six; amending sections one hundred and six and one hundred and seven of said act, by providing that proceedings to obtain possession of land sold on execution shall take place before one justice of the peace, alderman or magistrate, and a jury of six men, instead of before two justices of the peace or aldermen and a jury of twelve men, as provided by said act, and fixing the time for the hearing in such proceedings. Section 1. Be it enacted, &c., That the one hundred Executions, and sixth section of an act, entitled "An act relating to executions," approved June sixteenth, one thousand eight hundred and thirty-six, which reads as follows: "Section 106. If the defendant, or any person in possession under him, as aforesaid, shall refuse or neglect to comply with the notice and requisition of the purchaser, as aforesaid, such purchaser, or his heirs or assigns, may apply by petition to any two justices of the peace or aldermen, of the city, town or county where such real estate may be, setting forth: First. That he purchased the premises at a sheriff's or coroner's sale. Second. That the person in possession at the time of such application is the defendant, as whose property such real estate was sold, or that he came into possession thereof under him. Third. That such person in possession had notice, as aforesaid, of such sale, and was required to give up such estate, three months previously to such application," be and the same is hereby amended so as to read as follows: Section 106, act of June 16, 1836, cited for amend ment. Petition. Contents. Section 107, act of Warrant. Jury of six men. Section 106. If the defendant, or any person in possession under him, as aforesaid, shall refuse or neg lect to comply with the notice and requisition of the purchaser, as aforesaid, such purchaser, or his heirs or assigns, may apply by petition to any justice of the peace, alderman or magistrate, of any city, town, borough or county where such real estate may be, setting forth: First. That he purchased the premises at a sheriff's or coroner's sale. Second. That the person in possession at the time of such application is the defendant, as whose property such real estate was sold, or that he came into possession thereof under him. Third. That such person in possession had notice as aforesaid of such sale and was required to give up such estate, three months previously to such application. Section 2. That the one hundred and seventh section of said act, which reads as follows: "Section 107. If the applications, as aforesaid, shall be verified by the oath or affirmation of the petitioner, or if probable cause to believe the facts therein set forth be otherwise shown, the said justices are hereby enjoined and required, forthwith to issue their warrant, in the nature of a summons, directed to the sheriff of the county, commanding him to summon a jury of twelve men of his bailiwick, to appear before the said justices, at a time and place to be specified, within four days next after the issuing thereof, and also to summon the defendant, or person in possession, as aforesaid, at the same time to appear before them and the said jury, to show cause, if any he has, why delivery of the possession of such lands or tenements should not be forthwith given to the petitioner," be and the same is hereby amended so that the said section shall read as follows: Section 107. If the application, as aforesaid, shall be verified by the oath or affirmation of the petitioner, or if probable cause to believe the facts therein set forth be otherwise shown, the said justice, alderman or magistrate is hereby enjoined and required forthwith to issue his warrant in the nature of a summons, directed to the sheriff of the county, commanding him to summon a jury of six men of his bailiwick to appear before the said justice, alderman or magistrate, at a time and place to be specified, within not less than three nor more than eight days next after the issuing thereof, and also to summon the defendant, or person in possession, as aforesaid, at the same time to appear before him' and the said jury, to show cause, if any he has, why delivery of the possession of such lands or tenements should not be forthwith given to APPROVED-The 8th day of April, A. D. 1905. No. 92. AN ACT To validate certain elections upon the question of increasing the indebtedness of counties, cities, boroughs, townships, school-districts, or other incorporated districts or municipalities of this Commonwealth, all bonds issued pursuant to such elections, and the indebtedness represented by such bonds, since the twenty-ninth day of April, Anno Domini one thousand nine hundred and three. Elections upon crease of indebted question of in ness. 29, 1903. Section 1. Be it enacted, &c., That in all cases where the indebtedness of any county, city, borough, township, school-district, or other incorporated district or municipality, has been increased, pursuant to an elec tion held at any time since the twenty-ninth day of Held since April April, one thousand nine hundred and three, whereat the assent of the electors of such county, city, borough, township, school-district, or other incorporated district or municipality, to the increase of such indebtedness was duly had and obtained, where said election was duly and properly held, and the returns thereof made in conformity with the acts of Assembly applicable to the particular class of municipality or incorporated district wherein said election was held, saving and excepting only that the tickets voted at said election conformed to the provisions of an act of Assembly of the Commonwealth of Pennsylvania, approved the twentieth day of April, Anno Domini one thousand eight hundred and seventy-four (Pamphlet Laws, sixty-five), entitled "An act to regulate the manner of increasing the indebtedness of municipalities, to provide for the redemption of the same, and to impose penalties for the illegal increase thereof;" but did not conform to the requirements of the second section of the act of Assembly of the Commonwealth of Pennsylvania, approved the twenty-ninth day of April, Anno Domini one thousand nine hundred and three (Pamphlet laws, three hundred and thirty-eight), entitled "An act to further amend the ninth and fourteenth sections of the act, entitled 'An act to regulate the nomination and election of public officers, requir ing certain expenses incident thereto to be paid by the several counties, and punishing certain offenses in regard to such elections,' approved the tenth day of June, eighteen hundred and ninety-three, as amended by an act approved the ninth day of July, one thou Tickets not in conformity with act of April 29, 1903. |