Attendance at private school

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 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.

APPROVED-The 10th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

Attachment of wages.

Section 1, act of May 8, 1876, cited for amendment,

Keepers of hotels, boarding and lodging-houses,

No. 99.

AN ACT

To amend an act, entitled "An act relating to boarding-house keepers, and authorizing the attachment of wages of persons indebted for boarding," approved the eighth day of May, Anno Domini one thousand eight hundred and seventy-six; so as to permit attachment to issue in the first instance, and defining the proceedings in connection therewith before justices of the peace.

Section 1. Be it enacted, &c., That section one of an act, entitled "An act relating to boarding-house keepers, and authorizing the attachment of wages of persons indebted for boarding," approved the eighth day of May, Anno Domini one thousand eight hundred and seventy-six, which reads as follows, to wit:

"Section 1. Be it enacted, &c., That on and after the passage of this act, all proprietors of hotels, inns, boarding-houses and lodging-houses, in this Commonwealth, in addition to the remedies now provided by law, shall have the right to attach wages due or owing to such persons as may be indebted to them for boarding, not exceeding the amount of four weeks, and any sum so due may be attached, but shall not be paid to the defendant until the judgment so had, for such amount as may be due upon such attachment, shall be satisfied; and justices of the peace shall have jurisdiction of attachment in case for such purpose," be and the same is hereby amended so as to read as follows:

Section 1. Be it enacted, &c., That on and after the passage of this act, all keepers of hotels, inns, boarding-houses and lodging-houses, in this Commonwealth, in addition to the remedies now provided by law, shall have the right, in suits and actions brought before jus tices of the peace to recover pay for boarding or lodg

by attachment.

ing, or boarding and lodging, furnished, to commence such suits and actions by attachment, and thereon to suit and action attach only wages due or owing to such persons as may be indebted to them, or any of them, for boarding or lodging, or boarding and lodging, not exceeding in amount the sum due for four weeks; and any sum so due and so attached shall not be paid to the defendant until the judgment, which may be rendered against the Judgment. defendant in pursuance of a summons to him or her directed, which shall issue with such attachment for such amount as may be so legally attached, shall be

satisfied; and justices of the peace shall have jurisdic- Justices' jurisdiction of attachment proceedings in such case.

APPROVED-The 10th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

tion.

No. 100.

AN ACT

For the better enforcement of the service of writs of possession, in landlord and tenant cases, where the premises are forcibly detained by the occupant.

sion.

Section 1. Be it enacted, &c., That hereafter in all writs of possesactions before magistrates, aldermen or justices of the peace, by landlords, for the recovery of premises because of the expiration of the lease for which the premises were rented, or for non-payment of rent, it shall be lawful in all cases unappealed from or where writs of certiorari have not been issued, where the tenant or occupant forcibly detains the premises against the constable serving the writ of possession, for the constable to make return of the writ "unserved because Return of writ. the occupant forcibly detains possession of the premises."

where premises are forcibly de

tained.

Judgment.

writ.

Duty of constable.

Whereupon, after the expiration of ten days from the rendition of judgment "that the lessee or tenant shall forthwith deliver actual possession of the premises to the said lessor," and the issuing of a writ of possession to the constable, it shall be the duty of the constable to notify the tenant in possession, or the occupant of the premises, that an alias writ of possession will be issued, setting forth his duty to use such force as may be necessary, by the breaking in of any outer door, or otherwise, to enter upon the premises for the purpose of executing a writ of possession, in accordance with the judgment obtained; and on failure of the tenant in possession, or the occupant of the premises, to deliver up possession within ten days after such notice served, an alias writ of possession Allas writ. shall be issued, and it shall be the duty of the consta

Delivery of possession.

Service of notice.

ble to use such force as may be necessary, by the breaking in of any outer door, or otherwise, to enter upon said premises and eject the tenant or occupant, and deliver the possession of the premises to the landlord, his agent or duly constituted attorney.

Section 2. That the notice required to be served, as set forth in the first section of this act, may be served personally upon the tenant in the lease, or by posting the same on the premises in a conspicuous place.

APPROVED-The 10th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

Boroughs.

No. 101.

AN ACT

To further amend the first clause of the second section of an act, entitled "An act to provide for the consolidation of boroughs, and the government and regulation thereof," approved the sixth day of June, Anno Domini one thousand eight hundred and ninety-three; authorizing provisions, in the joint agreement for such consolidation, for the use and disposition of the separate assets and the liquidation of the separate debts of such boroughs, and for separate rates of taxation therein for that purpose.

Section 1. Be it enacted, &c., That the first clause of the second section of an act, entitled "An act to provide for the consolidation of boroughs, and the government and regulation thereof," approved the sixth day of June, Anno Domini one thousand eight hundred and ninety-three; which has been amended by the act approved the twenty-sixth day of February, Anno Domini one thousand nine hundred and three, to read as follows: "First, The town council of each borough 1893, as amended, may enter into a joint agreement, under the corporate seals of each borough, for the consolidation thereof into one borough, which joint agreement shall set forth the name of the new corporation, the number of wards into which such new consolidated borough shall be divided, and the territorial boundaries thereof." be amended to read as follows:

Clause 1. section

2, act of June 6,

cited for amendment.

Consolidation.

Joint agreement contents of.

First. The town council of each borough may enter into a joint agreement, under the corporate seals of each borough, for the consolidation thereof into one borough, which joint agreement shall set forth the name of the new corporation, the number of wards into which such consolidated borough shall be divided, and the territorial boundaries thereof; and may also set forth such equitable terms as have been agreed upon for the use and disposition of the property and assets of each of said boroughs, and for the liquidation of the indebtedness of each of said boroughs, either jointly, separately. or in certain defined proportions, and for adjust

ing and paying the same by separate rates of taxation on all property subject to taxation within the boundaries of said boroughs, respectively.

APPROVED-The 10th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

No. 102.

AN ACT

To repeal an act, entitled "An act to confer the chartered rights and privileges of the borough of East Birmingham, in the county of Allegheny, to the borough of Millvale, in the same county," approved the eighteenth day of March, Anno Domini one thousand eight hundred and sixty-nine.

Birmingham,

Section 1. Be it enacted, &c., That all that certain Allegheny county. act, entitled "An act to confer the chartered rights and privileges of the borough of East Birming- Borough of East ham, in the county of Allegheny, to the borough of Millvale, in the same county," approved the eighteenth day of March, Anno Domini one thousand eight hundred and sixty-nine, be and the same is hereby re- Repeal. pealed.

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

No. 103.

AN ACT

To repeal the fifth section of an act, entitled "An act to regulate the sale of clams and oysters," approved the fourth day of May, Anno Domini one thousand eight hundred and seventy-one.

Section 5. act of May 4, 1871, repealed.

Section 1. Be it enacted, &c., That the fifth section clams and oysters. of an act, entitled "An act to regulate the sale of clams and oysters," approved the fourth day of May, Anno Domini one thousand eight hundred and seventy-one, be and the same is hereby repealed. And all other acts or parts of acts of Assembly of this Commonwealth, general, special, or local, appertaining to the subject matter covered by the fifth section of the act aforesaid, be and the same are hereby repealed.

APPROVED-The 10th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

Streets and alleys.

Act of April 15, 1845, cited,

Extended to the county of Westmoreland.

Repeal,

No. 104.

AN ACT

Extending to the county of Westmoreland the provisions of an act, entitled "An act granting the courts of this Commonwealth the power to appoint viewers to view certain streets and alleys in this Commonwealth," approved the fifteenth day of April, one thousand eight hundred and forty-five, and repealing so much of the proviso to the third section of said act as excludes from the operation of said act the county of Westmoreland.

Section 1. Be it enacted, &c., That hereafter the enacting clauses of an act, entitled "An act granting the courts of this Commonwealth power to appoint viewers to view certain streets and alleys in this Commonwealth," approved the fifteenth day of April, one thousand eight hundred and forty-five, which are as follows:

"Section 1. Be it enacted, &c., That the courts of quarter sessions shall have power to change or vacate any street or alley in any unincorporated village, and for this purpose shall proceed, on the petition of citizens desiring such change or vacation, by granting views or viewers, in the manner directed by law for laying out and vacating public roads.

"Section 2. That all damages which may be sustained by any owner of property, by reason of such change or vacation of any street or alley, shall be assessed by the same viewers or reviewers, appointed as aforesaid, and shall be paid by the said petitioners before any order for any such change or vacation shall have effect, and within three months after the confirmation of the report of the said viewers or reviewers, otherwise said proceedings shall be set aside.

"Section 3. The costs of all such views and reviews shall be paid by the said petitioners, and may be enforced by said courts by rule and attachment against said petitioners," be and the same are hereby extended to the county of Westmoreland.

Section 2. That so much of the proviso to the third section of said act as excludes from the operation thereof the county of Westmoreland, be and the same is hereby repealed.

APPROVED-The 10th day of April, A. D. 1905.

SAML. W. PENNYPACKER.