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assistant sergeants-at-arms, one postmaster, one messenger, one assistant messenger, one doorkeeper, eight assistant doorkeepers, one superintendent of folding room, six pasters and folders, one clerk to the President, one stenographer to the President, one clerk to the President pro tempore, one stenographer to the President pro tempore, one stenographer to the chief clerk, one chaplain, one day watchman, one night watchman, one overseer of heat and ventilation, six clerks to committees, three custodians of committee rooms, one elevator operator, one assistant elevator operator, one custodian and two assistant custodians of wash room, one custodian of coat room, one custodian and one assistant custodian of basement, one custodian of newspapermen's room, one page to the President pro tempore, one chief page, and fourteen pages. The clerk and the stenographer to the President shall be appointed by the President; the clerk and the stenographer to the President pro tempore shall be appointed by the President pro tempore; the stenographer to the chief clerk shall be appointed by the chief clerk; and the assistant librarian shall be appointed by the librarian; but all the other officers and employes shall be elected by the Senate.

employes.

Second. In the House of Representatives there shall House officers and be, in addition to the Speaker, as provided for by the Constitution, one chief clerk, one resident clerk, one assistant resident clerk, one journal clerk, one assistant journal clerk, one reading clerk, one assistant clerk, two desk clerks, one message clerk, one bill book clerk, one bills in place book clerk, one petition book clerk, three transcribing clerks, one sergeant-atarms, eight assistant sergeants-at-arms, one postmaster, one assistant postmaster, one messenger, three assistant messengers, one doorkeeper, ten assistant doorkeepers, one superintendent of folding room, ten pasters and folders, one Speaker's clerk, one stenoggrapher to the Speaker, one stenographer to the chief clerk, one chaplain, one day watchman, one night watchman, one overseer of heat and ventilation, six clerks to committees, four custodians of committee rooms, one elevator operator, one assistant elevator operator, two custodians of wash room, two custodians of coat room, one custodian and two assistant custodians of basement, one Speaker's page, one chief page, and twenty pages. The clerk and the stenographer to the Speaker shall be appointed by the Speaker; the stenographer to the chief clerk shall be appointed by the chief clerk: and the assistant resident clerk shall be appointed by the resident clerk; but all the other officers and employes shall be elected by the House of Representatives.

Compensation.

Proviso.

Proviso.

Section 2. The compensation of the officers and employes of the General Assembly, herein before provided for, shall be as follows, to wit: The President pro tempore of the Senate, and the Speaker of the House of Representatives, in addition to their salaries as members of the Legislature, shall each receive one dollar per diem for each regular biennial special or extraordinary session; the chief clerks shall each receive three thousand dollars per annum for years in which regular biennial sessions are held, and fifteen hundred dollars per annum for years in which no regular biennial sessions are held. In case special or extraordinary sessions are held during the years in which regular biennial sessions are not held, the chief clerks shall each receive an additional salary of ten dollars per diem during such session; Provided, That the sum received by each of the chief clerks in any one year shall not exceed the sum of three thousand dollars. The assistant chief clerk of the Senate, and the assistant clerk of the House of Representatives, shall each receive eighteen hundred dollars for each regular biennial session, ten dollars per diem for each special or extraordinary session, and five dollars per diem during the interim between legislative sessions; the librarian of the Senate, and the resident clerk of the House of Representatives, shall each receive twenty-five hundred dollars per annum; the assistant librarian of the Senate, and the assistant resident clerk of the House of Representatives, shall each receive fifteen hundred dollars per annum; the journal and reading clerks shall each receive eighteen hundred dollars for each regular biennial session, and ten dollars per diem for each special or extraordinary session; the executive clerk, desk clerks, and assistant journal clerk shall each receive fifteen hundred dollars for each regular biennial session, and ten dollars per diem for each special or extraordinary session; Provided, however, That the salaries of any of the said officers for a special or extraordinary session shall not exceed the salary for a regular biennial session; for each regular biennial, special or extraordinary session, the message clerks shall each receive eight dollars per diem for each regular biennial, special or extraordinary session; the bill book clerks, bills in place book clerks, petition book clerks, transcribing clerks, clerks to committees, sergeants-atarms, and assistants, clerk to President pro tempore, Speaker's clerk, and postmasters, shall each receive seven dollars per diem for each regular biennial, special or extraordinary session; the doorkeepers and assistants, assistant postmaster, messengers, assistant messengers, superintendents of folding rooms, pasters and folders, stenographer to President pro

tempore, stenographer to Speaker, stenographers to
chief clerks, chaplains, watchmen, overseers of heat
and ventilation, elevator operators, and assistants,
and all custodians and assistant custodians, shall
each receive six dollars per diem for each regular bi-
ennial, special, or extraordinary session; the page to
the President pro tempore, Speaker's page, and the
chief pages, shall each receive three dollars per diem;
and the pages, two dollars per diem; the clerk to the
President shall receive fifteen hundred dollars per
annum, and the stenographer to the President shall
receive one thousand dollars per annum; Provided, Proviso.
however, That the watchmen, and chief elevator opera-
tors, of both houses, and the custodian of the wash
room, and the custodian of the basement of the Sen-
ate, shall each receive the sum of three dollars per
diem during the interim between legislative sessions.
Section 3. All the officers and employes provided
for in this act shall return as such to the next regu-
lar biennial session of the Legislature following that
for which they were elected or appointed, and those
who shall not be re-elected or appointed, or elected
or appointed to some other office in the Legislature,
shall be allowed their regular per diem compensation,
except the chief clerks, assistant chief clerk, assist-
ant clerk, librarian, assistant librarian, resident clerk,
assistant resident clerk, journal clerks, assistant jour-
nal clerk, reading clerks, executive clerk, and desk
clerks, who shall each receive ten dollars per diem;
and the clerk and the stenographer to the President,
who shall each receive six dollars per diem for ten
days, or until their successors are duly elected or ap-
pointed, and qualified.

officers and em

ployes to return

at next session.

Section 4. That each of the officers and employes Mileage. authorized by this act shall be entitled to mileage for each regular biennial, special or extraordinary session of the Legislature, and as returning officers, at the rate of ten cents per mile to and from their homes, to be computed by the ordinary mail route between their homes and the State Capital.

Section 5. The officers and employes of each house shall be sworn. shall be severally sworn before entering upon their duties, and shall be under the direction and control of the presiding officers and chief clerks of their respective houses, who may assign them to such duties as are usually performed in the offices to which they have been respectively elected or appointed. No extra compensation shall be allowed to any officer because of such assignment of duty.

Section 6. All vacancies that may occur by death, Vacancies. resignation, or otherwise, of any of the officers or employes of the Legislature during the session of the Legislature, shall be filled by election or appointment

Repeal

as provided for in this act. If any vacancy shall occur during the recess of the Legislature, in the office of President pro tempore of the Senate, or Speaker of the House of Representatives, the duties of said offices shall be performed by the chairman of the Committee on Judiciary General of the respective houses; all other vacancies that may occur during the recess in any of the elective offices of the Legislature shall be filled, in the Senate, by appointment by the President pro tempore of the Senate, and in the House of Representatives, by appointment by the Speaker of the House of Representatives; vacancies occurring at any time in appointive offices shall be filled by the respective officers authorized to appoint said officers or employes.

Section 7. All laws or parts of laws inconsistent herewith be and the same are hereby repealed.

APPROVED-The 12th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

Water companies.

Not to exercise right of eminent domain.

No. 109.

AN ACT

Providing that the right of eminent domain, as respects the appropriation of streams, rivers or waters, or the land covered thereby, shall not be exercised by water companies incorporated under law.

Section 1. Be it enacted, &c., That no water company, hereafter incorporated under any law, shall have powers or exercise the right of eminent domain, as respects the appropriation of the streams, rivers or waters of this Commonwealth, or any of them, nor the land covered thereby.

APPROVED-The 13th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

Criminal proceedings.

Costs in case of nolle prosequi.

No. 110.

AN ACT

Authorizing the payment of costs by the county in certain criminal proceedings, where a nolle prosequi shall be entered, or the verdict of the jury set aside.

Section 1. Be it enacted, &c., That whenever a nolle prosequi shall be entered in any criminal proceeding, the court may make an order directing the county to pay the costs already made in such proceeding, and which order shall be sufficient authority for the pay.

ment of the same by the county: Provided, That the Proviso.
provisions of this section shall not apply to costa for
the attendance or subpoenaing of defendant's wit-
nesses, nor to any proceeding where the costs could
not be charged upon the county by verdict of the
jury.

Costs in case of

setting aside of

verdict.

Section 2. That whenever the verdict of a jury, im-
posing costs upon the prosecutor or defendant in any
criminal proceeding, shall be set aside by the court,
it shall be lawful for the court to make an order direct-
ing the county to pay the same, which order shall be
sufficient authority for the payment of the same by the
county: Provided, That the provisions of this section Proviso.
shall not apply to costs for the attendance or sub-
poenaing of defendant's witnesses.

APPROVED-The 14th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

No. 111.

A SUPPLEMENT

To an act, entitled "An act to consolidate, revise and amend the laws of this Commonwealth relating to penal proceedings and pleadings," approved the thirty-first day of March, Anno Domini one thousand eight hundred and sixty.

ings.

Larceny or re

Section 1. Be it enacted, &c., That in any indictment Criminal proceed. for larceny or receiving stolen property, except where the offense shall relate to a chattel, it shall be sufficient to allege the larceny or receiving to be of money, ceiving. without specifying any particular coin or valuable security; and such allegation, so far as regards the Allegation. description of the property, shall be sustained if the offender shall be proven to have stolen or received any amount, although the particular species of coin, currency, or valuable security, of which such amount was composed, shall not be proved.

APPROVED-The 14th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

No. 112.

A SUPPLEMENT

To an act, entitled "An act relating to the granting of letters of administration upon the estates of persons, presumed to be dead, by reason of long absence from their former domicile," approved June twenty-fourth, one thousand eight hundred and eighty-five; providing for the probate of a will of a person whose death, by presumption has been established, and for attachment of such will to letters of administration granted in the case.

sumed decedent,

Section 1. Be it enacted, &c., That whenever, here- Estate of preafter, letters of administration shall be issued upon

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