sand eight hundred and ninety-seven; also to amend the twenty-second, twenty-seventh, twenty-eighth and thirtieth sections of said act to regulate the nomination and election of public officers, requiring 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, by repealing the limit upon the number of times the names of candidates shall appear on the official ballots; by specifying the form, contents and manner of printing and counting of official ballots, and of making return of all votes, and of announcing the total vote; by directing the manner in which voters may designate their choice of candidates, and their votes upon constitutional amendments or other questions submitted for their votes; by prescribing the duties of voters, election officers, police officers, constables, deputy constables, and helpers; and prescribing forms of punishment for violations thereof," the said election and said indebted. Validation of elec- ness are hereby declared to be valid, and shall be held and adjudged to be valid and sufficient in law; and in all cases of such increase of indebtedness the bonds or other obligations, issued to evidence such increase of indebtedness, be and the same are hereby declared to be valid and lawful, to all intents and purposes: Provided however, That the provisions of this act shall not apply to any elections held subsequent to the passage hereof: And provided further, That nothing herein contained shall validate any bonds which may have been improperly or illegally executed or sold or delivered. tions, bonds and indebtedness. Proviso. Proviso. APPROVED-The 10th day of April, A. D. 1905. SAML. W. PENNYPACKER. Preamble. No. 93. AN ACT Making an appropriation for the purpose of continuing and maintaining schools among the Cornplanter Indians, of Warren county. Whereas, The General Assembly by enactments of eighteenth of April, one thousand eight hundred and fifty-six, and its supplements of tenth of February, one thousand eight hundred and seventy-two, and twelfth of April, one thousand eight hundred and seventy-eight, and the seventh day of July, one thousand eight hundred and eighty-five, and the third day of July, one thousand eight hundred and ninety-five, and supplement thereto on the twenty-second day of July, one thousand eight hundred and ninety-seven, has established schools and made appropriation for the encouragement of education among the Cornplanter Indians, of Warren county; the Cornplanter And whereas, The appropriation provided for ex- Education among pires on the first Monday of June, one thousand nine Indians. hundred and five, and it is deemed wise to extend further aid on the part of this Commonwealth for the maintenance of said schools and the encouragement of education among said Cornplanter Indians, therefore: Section 1. Be it enacted, &c., That the annual sum $500.00 annually. of five hundred dollars be and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be paid to the county superintendent of schools of Warren county, on warrant drawn on the State Treasurer by the State Superintendent of Public Instruction; which money shall be disbursed by the said superintendent of Warren county, in such manner as shall best promote the cause of education among the Cornplanter Indians: Provided, Proviso. That this act shall only continue in force for the period of ten years, and shall terminate on the first Monday of June, one thousand nine hundred and fifteen. APPROVED-The 10th day of April, A. D. 1905. No. 94. AN ACT Giving all cities in Pennsylvania the right to take lands, under the power of eminent domain, for the purpose of building sewers either within or without their corporate limits, and providing a method of compensation. Section 1. Be it enacted, &c., That all cities of the cities. Commonwealth are hereby authorized and empowered, by themselves, their agents, artisans, engineers, and workmen, with their tools, appliances, instruments, carts, wagons, and other carriages, and beasts of burden or draft, from time to time and at all time hereafter, for the purpose of establishing and constructing a system of sewers and drains, to enter into System of sewers. such lands and enclosures, and public or private roads or highways, or over or through any private streams, domain. as may be necessary, and to occupy, excavate and lay Right of eminent sewers and drains through the same, to maintain, alter and repair, doing as little damage to private property as possible, and making compensation to the owner or owners thereof in the manner hereinafter provided. Section 2. That all cities, by their engineers and laborers, with their tools, appliances, instruments, Entry upon con tiguous lands, etc. Compensation for damages. Petition. Viewers. Report Judgment. Costs. Repeal. carts, wagons, and other carriages, and beasts of burden or draft, may enter upon the land contiguous to the sewers constructed or in the course of construction, first giving notice to the owner or owners thereof, and from and thence take and carry away stone, earth, sand or other materials necessary to the construction, repair, or proper laying and repair of said sewers, doing as little damage as possible, and repairing any breaches they may make in the enclosures thereof, and making compensation to the owner or owners thereof in the manner hereinafter provided. Section 3. If the parties cannot agree upon the com pensation to be made to the owner or owners of such land, enclosures, streams, public or private roads or highways, or to any person or persons who may be injured by the diversion, absorption, or pollution of any waters that may be used by said cities for the purpose aforesaid, it shall and may be lawful for either party to present a petition to the court of common pleas of the county in which the lands are situate, asking the court to appoint three viewers to view and assess, and report to the court, what damage, if any, has been done by the said city. The report to be filed at the next term of court; and notice of the time of the meeting of said viewers to be served upon all parties interested, at least five days before the day of view; which report, being confirmed by the court, judgment shall be entered thereon; and execution may issue in case of non-payment of the sum awarded; with two dollars per diem, and mileage, for each day the viewers were in attendance, and the same pay for witnesses as now provided for attendance at court; with power in the viewers to issue subpoenas, at the instance of either party, to compel the attendance of witnesses: the costs of the proceeding to be assessed and paid by the losing party: Provided. That either party may appeal to the common pleas court, within thirty days after such report shall have been filed in the prothonotary's office of said county, in the same manner as appeals are allowed in other cases; upon which appeal such proceedings shall be had as are used in actions for damages at law. Section 4. All acts or parts of acts inconsistent herewith be and the same are herewith repealed. I find no language in this bill supporting the statement of the title, that it applies to lands "either within or without their corporate limits," but nevertheless the bill is approved, the tenth day of April, A. D. one thousand nine hundred and five. SAML. W. PENNYPACKER. No. 95. AN ACT To amend section one, article one, of an act, entitled "An act providing for the incorporation and government of cities of the third class," approved May twenty-third, Anno Domini one thousand eight hundred and eighty-nine; providing for the submission of the question of incorporation of such city of the third class, by councils, upon the petition of a certain number of the qualified electors of the towns or boroughs embraced within the limits of the proposed city. class. Section 1. Be it enacted, &c., That section one, ar- cities of the third ticle one, of an act, entitled "An act providing for the incorporation and government of cities of the third class," approved the twenty-third day of May, Anno Domini one thousand eight hundred and eighty-nine, which reads as follows: "Article 1. Section 1. Be it enacted, &c., That cities of the third class shall be chartered whenever a majority of the electors of any town or borough, or of any two or more contiguous towns or boroughs, situated within the limits of the same county and having together a population of at least ten thousand, according to the last preceding United States census, shall vote at any general election in favor of the same; and whenever the corporate authorities of any such towns or boroughs shall, by resolution thereof, duly passed and recorded among the minutes, determine to hold an election upon the question of becoming a city, they shall give notice thereof, during at least four weeks immediately prior to the next general election, in all of the newspapers published in said towns or boroughs, that such an election will be held; and at the said general election it shall be the duty of the inspectors and judges of elections within said towns or boroughs to receive tickets, either written or printed, from the electors thereof, qualified to vote by the Constitution of this State, labeled on the outside "city charter," and containing on the inside "for city charter" or "against city charter," and to deposit said tickets in a box to be provided for that purpose; and the tickets so received shall be counted and a return thereof made to the clerk of the court of quarter sessions of the proper county, and a duplicate return to the Secretary of the Commonwealth, each duly certified in the manner required by law; and in receiving, counting and making returns of the vote cast, the inspectors, judges and clerks of said election shall be governed by the laws of this Commonwealth regulating general elections; and all the electors, inspectors, judges and clerks, voting at and in attendance upon the elections to be held under the provisions of this act, shall be subject to the penalties imposed by the Section 1. article 1, act of May 23 amendment. 1889. cited for Formation of cities of the third class. election laws of this Commonwealth," be and the same is hereby amended so as to read as follows: Section 1. Article one. Be it enacted, &c., That cities of the third class shall be chartered whenever a majority of the electors of any town or borough, or of any two or more contiguous towns or boroughs, situated within the limits of the same county, and having together a population of at least ten thousand, according to the last preceding United States census, shall vote at any general election in favor of the same; and the councils or corporate authorities of any such town or borough, or of any such contiguous towns or boroughs, as the case may be, may, on their own motion Action of councils, or upon the petition of one hundred or more qualified etc. Election. electors thereof, shall, by resolution duly passed and recorded among the minutes, submit the question of whether any such town or borough, or whether any such contiguous towns or boroughs, shall become a city of the third class, to the qualified electors thereof; and shall give notice thereof during at least four weeks immediately prior to the next general election, in all of the newspapers published in said towns or boroughs, that such an election will be held; and at the Duty of Inspectors said general election it shall be the duty of the in Notice. and judges. Return of election. spectors and judges of elections within said towns or boroughs to receive tickets, either written or printed, from the electors thereof, qualified to vote by the Constitution of this State, labeled on the outside "city charter," and containing on the inside "for city charter" or "against city charter," and to deposit said tickets in a box to be provided for that purpose; and the tickets so received shall be counted, and a return thereof made to the clerk of the court of quarter sessions of the proper county and a duplicate return to the Secretary of the Commonwealth, each duly certified in the manner required by law; and in receiving, counting and making returns of the votes cast, the inspectors, judges and clerks of said election shall be governed by the laws of this Commonwealth regulating general elections; and all the electors, inspectors, judges and clerks, voting at and in attendance upon the elections to be held under the provisions of this act, shall be subject to the penalties imposed by the election laws of this Commonwealth. APPROVED-The 10th day of April, A. D. 1905. SAML. W. PENNYPACKER. |