Intervening party. Counter bond. Where several parties claim right of possession. Claim property bond. ditions. Where several parties claim the right to give a counter bond and have possession of said goods and chattels, the party who is in actual or constructive possession of the goods and chattels at the time the writ of replevin was served shall, upon entering the proper counter bond, be entitled to have said goods and chattels," be and the same is hereby amended so as to read as follows: The court or, in vacation time, a judge thereof at chambers, may grant leave to any person, upon an affidavit filed that the goods and chattels so replevied belong to him, to intervene as party defendant in such suit; and the defendant or party so intervening may file a counter bond within seventy-two hours after such goods or chattels have been replevied, during which time said goods and chattels shall remain in the possession of the sheriff, and which time may be extended by the court or, in vacation time, a judge thereof at chambers, upon cause shown. Such counter bond shall be given to the Commonwealth of Pennsylvania, for the use of the parties interested, in the same amount as the original bond and with like conditions. Where several parties claim the right to give a counter bond and have possession of said goods and chattels, the party who is in actual or constructive possession of the goods and chattels at the time the writ of replevin was served shall, upon entering the proper counter bond, be entitled to have said goods and chattels: Provided, That in any action of replevin hereafter to be brought, where the defendant or person intervening in such action, claiming title to the property replevied, shall enter a claim property bond therefor, if the plaintiff, within seventy-two hours after notice from the sheriff of the entry of such claim property bond, by affidavit filed in such action, aver that by reason of the nature of such property, or of any special circumstances connected with his alleged ownership thereof, the actual pecuniary value of such property will not compensate him for the loss thereof, the court or, in vacation time, any judge thereof at chambers, shall Property may be order such property to be impounded in the custody of the sheriff, or such other person as the court or, in vacation time, any judge thereof at chambers, may designate, to abide the final determination of the action; provided the plaintiff shall exhibit an estimate of the probable necessary charges and expenses of the storage, care or keep of such property pending the final determination of such ac tion, and shall pay, or secure the payment of, such charges and expenses as the court or, in vacation time, any judge thereof at chambers, shall approve. impounded. Estimate of charges, etc. Security. The amount of such security shall be fixed by the court or, in vacation time, by any judge thereof at chambers, and said security shall be approved in the same manner as now provided for the approval of the security entered by the plaintiff on the issuing of the writ of replevin. The bond shall be to the Commonwealth, and shall be for the use of any party interested in the payment of the storage, care or keep of the impounded property. nation. Upon the final determination of such action, the prop on final determierty so impounded shall be delivered to the party who shall have successfully maintained his title thereto, and the charges and expenses of the storage, care or keep of such property shall be assessed as costs of suit, and shall be recoverable from the unsuccessful party in the same manner as damages and costs are now recoverable in action of replerin. Section 2. All acts or parts of acts inconsistent here. Repeal. with be and the same are hereby repealed. APPROVED-The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 120. AN ACT To further amend an act, entitled an act to amend "An act to fix the salaries to be paid county officers in counties containing over five hundred thousand inhabitants and less than eight hundred thousand inhabitants, by fixing the salaries of county engineers," being a supplement to an act approved the sixteenth day of June, Anno Domini one thousand eight hundred and ninety-one, entitled "An act to amend 'An act to fix the salaries to be paid county officers in counties containing over five hundred thousand inhabitants,'" being a supplement to an act approved the thirty-first day of March, one thousand eight hundred and seventy-six, entitled "An act to carry into effect section five of article fourteenth of the Constitution, relative to the salaries of county officers and the payment of fees received by them into the State or county treasury, in counties containing over five hundred thousand inhabitants, fixing the compensation of county officers therein," approved twenty-fourth April, one thousand nine hundred and three; so as to authorize the county engineer, in counties where such office exists, to appoint a deputy engineer and to fix his salary. Section 1. Be it enacted, &c., That section one of the county engineer. said act of April twenty-fourth, one thousand nine hundred and three, which reads as follows: "Section 1. Be it enacted, &c., That part of section one relating to the annual salaries of county engineers in counties containing over five hundred thousand inhabitants and less than eight hundred thousand inhabitants, in the act approved June sixteenth, Anno Domini one thousand eight hundred and ninety-one, which part of said section reads as follows: 'Of the county engineer, where such office exists, three thousand dollars,' be and the same is hereby amended so that the same shall read as follows, namely: Of the county engineer, where such office exists, four thou Section 1, act of cited for amendment. April 24, 1903. Counties having over 500,000 and less than 800,000 inhabitants. sand dollars," be and the same is hereby amended so that the same shall read as follows, namely: Section 1. Be it enacted, &c., That part of section one relating to the annual salaries of county engineers, in counties containing over five hundred thousand inhabitants and less than eight hundred thousand inhabitants, in the act approved June sixteenth, Anno Domini one thousand eight hundred and ninety-one, which part of said section reads as follows: "Of the county engineer, where such office exists, three thousand dollars," be and the same is hereby amended so that the same shall read as follows, namely: Of the county Deputy engineer. engineer, where such office exists, four thousand dollars; and the county engineer, in counties where such office exists, shall have authority to appoint a deputy engineer, whose annual salary shall be twenty-five hundred dollars, to be paid out of the county fund, in like manner as county officers are now paid, and said deputy shall be subject to removal by said engineer. Repeal. All acts or parts of acts inconsistent herewith are hereby repealed. APPROVED-The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. Corporations. joint-stock associations, limited partnerships, etc. Domestic or foreign. No. 121. AN ACT To impose a penalty for failure of corporations, joint-stock associations, limited partnership, or companies whatsoever, to report to the Auditor General's Department for any three tax years. Section 1. Be it enacted, &c., That in case of any corporation, joint-stock association, limited partnership, or companies whatsoever, formed, erected, incorporated or organized by or under any law of this Commonwealth, general or special; or formed, erected, incorporated or organized under the laws of any other State or country, doing business in this Commonwealth, of any kind whatsoever; or having filed a statement of location of office in the office of the Secretary of the Commonwealth; or having registered in the Auditor General's Department, except such corporations, joint-stock associations, limited partnerships, or other companies as are now by the several acts of Neglect or refusal Assembly of this Commonwealth specifically exempted from making reports to the Auditor General's Department, shall neglect or refuse to make reports to the Auditor General, as required by the several provisions of law, for any three tax years, such corporation, jointstock association, limited partnership or other com Exception. to report to Auditor General. pany shall be liable to a penalty of five hundred dol- Fine of $500.00. lars ($500), which shall be settled against such corporation, joint-stock association, limited partnership or other company by the Auditor General and State Treasurer, in the same manner as State taxes are now settled against corporations, joint-stock associations, limited partnerships or other companies: Provided, Proviso. That this act shall not be construed to relieve such corporations, joint-stock associations, limited partnerships or other companies from the liability to any penalty or penalties now in force by provision of law. Section 2. That the penalty imposed by this act shall Lien. APPROVED-The 14th day of April, A. D. 1905. No. 122. AN ACT Fixing the salaries and providing for the expenses of county commissioners, in counties of this Commonwealth. sioners. Section 1. Be it enacted, &c., That from and after County commisthe passage of this act, the annual salary of each member of the board of county commissioners, in the several counties in this Commonwealth, shall be as follows: In counties containing ten thousand population or salaries. less, three hundred dollars; in counties over ten thousand population and less than thirty thousand popula tion, five hundred dollars; in counties over thirty thou sand population and less than thirty-eight thousand population, seven hundred dollars; in counties over thirty-eight thousand population and less than fifty thousand population, one thousand dollars; in counties over fifty thousand population and less than seventy-five thousand population, twelve hundred dollars; in counties over seventy-five thousand population and less than one hundred and fifteen thousand population, one thousand five hundred dollars, and in counties over one hundred and fifteen thousand population and less than one hundred and fifty thousand population, one thousand and eight hundred dollars. In counties over one hundred fifty thousand population the salaries shall be as now provided by law. The said salaries shall be paid out of the treasuries of the respective counties. The salaries herein fixed shall be in full, and in lieu of all other compensation, for the services of county commissioners, except traveling expenses necessarily incurred in the discharge of their official duties, whether acting as such or as poor directors, or in the performance of any service, office or duty imposed upon county commissioners: Provided, That the population of counties be taken from the last United States census. Section 2. All general and special acts, or parts thereof, inconsistent herewith be and the same are hereby repealed. APPROVED The 14th day of April, A. D. 1905. SAML. W. PENNYPACKER. Boroughs. Ordinance. Paving, curbing, etc. Petition to be verified by affldavit. Notice. No. 123. A SUPPLEMENT To an act, entitled "An act authorizing the councils of incorporated boroughs to require the paving, curbing and macadamizing of streets or thoroughfares, or parts thereof, and assess a portion of the cost of the same on the owners of property abutting thereon, and providing for the collection of the same," approved the twenty-third day of April, Anno Domini one thousand eight hundred and eighty-nine, pamphlet laws, forty-four; providing that if the petition for said improvement has been verified by the affidavit of one or more of the petitioners, notice may be given of the passage of the ordinance requiring said improvement, and allowing an appeal therefrom, by any person interested, to any court of common pleas of the county; and, if such appeal is dismissed, or no such appeal is taken, then all parties interested shall be estopped from denying that said petition was signed by the requisite number of owners, representing the requisite number of feet fronting on the street to be improved. Section 1. Be it enacted, &c., That after the passage or approval of any ordinance for improving any street or part thereof, pursuant to the act, entitled "An act authorizing the councils of incorporated boroughs to require the paving, curbing and macadamizing of streets or thoroughfares, or parts thereof, and assess a portion of the cost of the same on the owners of property abutting thereon, and providing for the collection of the same," approved the twenty-third day of April, Anno Domini one thousand eight hundred and eighty-nine, pamphlet laws, forty-four, if the petition for said improvement has been verified by the affidavit of one or more of the petitioners, notice may be given, within ten days thereafter, by hand-bills posted in conspicuous places along the line of the proposed improvement; which notice shall state the fact of the passage or approval of the ordinance, the date of the passage or approval, that the petition for the improvement was signed by two-thirds of the own ers of property, representing not less than two-thirds |