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No. 96.
AN ACT

To amend section one of an act, entitled “An act to furnish metal markers for graves of soldiers and sailors,” approved the twenty-fourth day of April, Anno Domini one thousand eight hundred and ninety-three; providing that the county commissioners of the several counties of this State shall furnish markers for certain deceased soldiers and sailors.

Section 1. Be it enacted, &c., That section one of soldiers' and an act, entitled “An act to furnish metal markers for *** **** the graves of soldiers and sailors,” approved the twenty-fourth day of April, Anno Domini one thousand nine hundred and three (Pamphlet Laws page two hundred and ninety-nine), which reads as follows:

“Section 1. Be it enacted &c., That the board of section. 1, act of county commissioners, of the several counties of this #. & otha. State, may, upon petition of any ten reputable free- ** holders of any township, borough, or city, in their county, procure for and furnish to said petitioners some suitable and appropriate metal marker for the grave of each and every soldier or sailor, who served with honor in the military forces of the United States, buried within the limits of said township, borough, or city, to be placed on the grave of such soldier or sailor, for the purpose of permanently marking and designating said grave for memorial purposes,” be and the same is hereby amended to read as follows:

Section 1. Be it enacted, &c., That the board of county commiscounty commissioners, of the several counties of this on...." State, shall, upon the petition of any ten reputable freeholders of any township, borough, or city, in their county, procure for and furnish to said petitioners of metal, terra cotta, or other suitable material, a marker for the grave of each and every soldier or sailor, who served with honor in the military forces of the United States, buried within the limits of said township, borough, or city, to be placed on the grave of such soldier or sailor, for the purpose of permanently marking and designating said grave for me. morial purposes.

APPROVED–The 10th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

No. 97.
AN ACT

Relating to the management, care, and maintenance of the National, or Cumberland, road, and freeing the same from tolls, and making an appropriation therefor.

Section 1. Be it enacted, &c., That so much of the go."..." Cumberland road, lying within the State of Pennsyl

9 Laws.

State Highway
Department.

Plans and specifleations.

Permanent repairs.

Appropriation.

Contracts.

Proposals.

Superintendents.

Custody and control of road.

vania, as is now maintained, by officers appointed for
that purpose, under existing laws, out of revenues
received from the collection of tolls thereon, shall
hereafter be under the care and management of the
State Highway Department, and shall be maintained
and kept in repair by the State Highway Commis-
sioner, at the cost of the State.
Section 2. The standard, or condition, at which the
road-bed aforesaid shall be maintained shall be pre-
scribed by plans and specifications to be prepared by
the State Highway Commissioner. Said plans and
specifications may be varied for different sections of
said road, according to the varying amount and char-
acter of the travel upon said different sections.
Section 3. Upon taking charge of said road, the
State Highway Commissioner shall cause the road-bed,
including bridges forming parts thereof, to be put in
good condition, by making such permanent repairs as
may be found to be necessary. For this purpose there
is hereby appropriated the sum of one hundred thou-
sand dollars, whereof an amount not exceeding fifty
thousand dollars shall be available during the first
year following the passage of this act, and the re-
mainder in the following year. Said work shall be
done under contracts, let to the lowest responsible
bidder, after advertising for proposals in not less than
two newspapers of the county where the work is to be
done.
Section 4. The work of repairing and maintaining
said road, or sections thereof, subsequent to the put-
ting of the same in condition as provided in section
three, may be done by contract, let to the lowest re-
sponsible bidder, after thirty days' advertisement for
proposals, in at least two newspapers of the county
wherein the work is to be done; or the State Highway
Department may do any such work itself, purchasing
the necessary materials and appliances, and hiring the
necessary labor, at the current rates for similar ma-
terials, appliances and labor. For the purpose of hav-
ing the repair, maintenance, and care of said road
properly supervised, the State Commissioner of High-
ways may employ not more than two superintendents,
at a salary not to exceed one thousand dollars per an-
num, and assign to each of them the portion or por-
tions of said road to be under his care. Said superin-
tendents shall in all things be subject to the orders
and direction of said Commissioner.
Section 5. Upon the taking effect of this act, the
several officers now in charge of portions of the said
road, under existing laws, shall hand over to the State
Commissioner of Highways the custody and control
thereof, and deliver to him any property belonging to
the State in their hands and charge, and shall pay to

the said Commissioner such moneys as shall be found to be in their hands, respectively, upon settlement of their accounts according to existing laws.

Section 6. From and after the date at which this act takes effect, the collection of tolls upon the Cum. berland road shall cease, and all travel thereafter shall be free of toll. Any buildings belonging to the State, and heretofore used for toll-collectors’ residences or offices, or any other purpose in connection with said road, may be maintained by the Commissioner, aforesaid, and leased by him to any person employed, under the State Highway Department, upon said road, for residence purposes, or used for storing tools, appliances, et cetera; or, in case the same shall not, in the judgment of said Commissioner, be required for any purpose connected with the said road, any such building may, by the said Commissioner, be sold, after advertisement, to the highest responsible bidder, to be removed, if standing within the limits of the road, by the purchaser thereof.

Section 7. All acts and parts of acts inconsistent herewith are hereby repealed.

Section 8. This act shall go into effect the first day of June, Anno Domini one thousand nine hundred and five.

APPROVED–The 10th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

No. 98.
AN ACT

To amend section one of an act, approved the eleventh day of July, Anno Domini one thousand nine hundred and one, entitled “An act to provide for the attendance, and for reports of attendance, of the children in the schools of this Commonwealth,” providing that certificate of age and ability to read and write the English language intelligently be issued by the superintendent of schools, notary public, justice of the peace or any other person duly authorized to administer oaths, in cities and boroughs, and by the secretary of the school-board in rural districts.

Section 1. Be it enacted, &c., That section one of an act, entitled “An act to provide for the attendance, and for reports of attendance, of the children in the schools of this Commonwealth,” approved the eleventh day of July, Anno Domini one thousand nine hundred and one, which reads as follows, to-wit:

“Section 1. Be it enacted, &c., That every parent, guardian or other person in this Commonwealth, having control or charge of a child or children between the ages of eight and sixteen years, shall be required to send such child or children to a day school in which

Tolls abolished.
Buildings.

Repeal

Schools.

Compulsory attendance.

Section 1, act of July 11, 1901, cited for amendment.

the common English branches are taught, and such child or children shall attend such school continuously during the entire time in which the public school in their respective districts shall be in session, unless such child or children shall be excused from such attendance by the board of the school district in which the parent, guardian or other person resides, upon the presentation to said board of satisfactory evidence showing such child or children are prevented from attendance upon school or application to study by mental, physical or other urgent reasons. But the term urgent reasons shall be strictly construed, and shall not permit of irregular attendance: Provided, That the school-board in each district shall have power, at its June meeting, to reduce the period of compulsory attendance to not less than seventy per centum (70 per centum) of the school term in such district, in which case the board must, at that date, fix the time for compulsory attendance to begin. This act shall not apply to any child between the ages of thirteen and sixteen years who can read and write the English language intelligently, and is regularly engaged in any useful employment or service: Provided, That in case there be no public school in session within two miles, by the nearest traveled road, of any person within the school-district, he or she shall not be liable to the provisions of this act: Provided, That this act shall not apply to any child that has been or is being otherwise instructed in English, in the common branches of learning for a like period of time, by any legally qualified governess or private teacher in a family: And provided further, That any teacher or principal of any private school or educational institution shall report non-attendance, as provided in section five (5) of this act: Provided further, That any person employing a child or children shall furnish, on or before the third Monday of the school term, and quarterly thereafter, to the superintendent of schools, to the secretary of the board of school-directors, or controllers, of the district in which such child or children reside, the names, age, place of residence, and name of parent or guardian of every person under the age of sixteen years in his employ at the time of said report: And provided also, That the certificate of any principal or teacher of a private school, or of any institution for the education of children, in which the common English branches are taught, setting forth that the work of said school is in compliance with the provisions of this act, shall be sufficient and satisfactorv evidence thereof, and the teacher or principal of said school or institution shall have the power to excuse any child or children for non-attendance during temporary periods, in accordance with the provisions of this act.”

be and the same is hereby amended to read as follows,
to-wit:
Section 1. Be it enacted, &c., That every parent,
guardian or other person in this Commonwealth, hav-
ing control or charge of a child or children between
the ages of eight and sixteen years, shall be required
to send such child or children to a day school in which
the common English branches are taught, and such
child or children shall attend such school continuously
during the entire time in which the public school in
their respective districts shall be in session, unless
such child or children shall be excused from such at-
tendance by the board of the school-district in which
the parent, guardian or other person resides, upon the
presentation to said board of satisfactory evidence
showing such child or children are prevented from at-
tehdance upon school or application to study by men-
tal, physical or other urgent reasons. But the term
urgent reasons shall be strictly construed, and shall
not permit of irregular attendance: Provided, That
the school-board in each district shall have power, at
its June meeting, to reduce the period of compulsory
attendance to not less than seventy per centum (70
per centum) of the school term in such district, in
which case the board must, at that date, fix the time
for compulsory attendance to begin. This act shall
not apply to any child, between the ages of thirteen
and sixteen years, who can read and write the English
language intelligently, and is regularly engaged in any
useful employment or service. A certificate of age
and ability to read and write the English language in-
telligently shall be issued by the superintendent of
schools, notary public, justice of the peace, or any
other person duly authorized to administer oaths, in
cities and boroughs, and by the secretary of the
school board in rural districts: Provided, That in case
there be no public school in session within two miles,
by the nearest traveled road, of any person within the
school district, he or she shall not be liable to the pro-
visions of this act: Provided, That this act shall not
apply to any child that has been or is being otherwise
instructed in English, in the common branches of learn-
ing, for a like period of time, by any legally qualified
governess or private teacher in a family: And provided
further, That any teacher or principal of any private
school or educational institution shall report non-at-
tendance, as provided in section five (5) of this act:
Provided further, That any person employing a child
or children shall furnish, on or before the third Mon-
day of the school term, and quarterly thereafter, to
the superintendent of schools, to the secretary of the
board of school directors, or controllers, of the district
in which such child or children reside, the names, age,

Duty of parents, guardians, etc.

Attendance.

When school-board may excuse.

Proviso.

Application of act.

Certificate.

Proviso.

Proviso.

Proviso.

Report of employers.

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