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in number of feet of the property fronting or abutting on said street or thoroughfare, or the part thereof proposed to be paved, and that any person interested, and denying the fact that said petition was so signed, may appeal to any court of common pleas of the proper county, within sixty days from the passage or ap- Appeal. proval of said ordinance; and any person interested may, within sixty days from the passage or approval of said ordinance, present a petition to any court of common pleas of the proper county, setting forth the facts; whereupon the said court shall inquire and determine whether said improvement was petitioned for by the requisite two-thirds majority; and, if said court shall find that it was not so petitioned for, shall quash Quashing of orsaid ordinance; but if said court shall find that it was so petitioned for, it shall approve the ordinance. If no appeal shall be taken, as aforesaid, or if the court on Approval of. appeal shall approve the ordinance, the borough authorities may proceed with the improvement; and

dinance.

thereafter all parties interested shall be estopped from Estoppel. denying the fact that said petition was signed by the requisite two-thirds majority of property owners, as required by said act.

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

SAML. W. PENNYPACKER.

No. 124.

AN ACT

Making it unlawful to trespass upon land posted as private property, and providing the penalty therefor.

Section 1. Be it enacted, &c., That from and after Trespass. the passage of this act, it shall be unlawful for any person willfully to enter upon any land, within the limits of this Commonwealth, where the owner or owners of said land has caused to be prominently posted Upon posted upon said land printed notices that the said land is private property, and warning all persons from trespassing thereon, under the penalties provided in this act.

land.

penalty.

Section 2. Every person violating the provisions of Fine and this act shall be liable to a penalty of not exceeding ten dollars, together with the costs of prosecution, to be recovered before any magistrate or justice of the peace, as fines and penalties are by law recoverable; and, in default of payment of said fine and costs, the party convicted shall be committed to the county jail of the proper county, for one day for each dollar of fine imposed.

Section 3. All penalties recovered under this act shall be paid to the school fund of the district in which the trespass was committed.

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

SAML. W. PENNYPACKER.

District attorneys' salaries.

Counties of less

than 150,000 population.

Scale of salaries.

No. 125.

AN ACT

Providing that the district attorneys, in all counties whose population does not exceed one hundred and fifty thousand, shall be paid a salary, and fixing the same, which shall be in lieu of all fees, and in full compensation for their services; and providing for the appointment of assistant district attorneys in said counties, and for the compensation of the same; and providing that the fees heretofore allowed the district attorneys upon indictments shall remain in amount as heretofore, but shall hereafter be as part of the costs, for the use and benefit of the proper county.

Section 1. Be it enacted, &c., That from and after the passage of this act, the district attorneys in all counties of this Commonwealth, whose population does not exceed one hundred and fifty thousand, shall be paid a salary by said counties, which salary shall be in lieu of all fees, and in full compensation for their services.

Section 2. The salary of the district attorney, in counties whose population does not exceed ten thousand, shall be three hundred dollars per year; the salary of the district attorney, in counties whose population is more than ten thousand and does not exceed twenty thousand, shall be four hundred dollars per year; the salary of the district attorney, in counties whose population is more than twenty thousand and does not exceed thirty thousand, shall be five hundred dollars per year; the salary of the district attor ney, in counties whose population is more than thirty thousand and does not exceed forty thousand, shall be six hundred dollars per year; the salary of the district attorney, in counties whose population is more than forty thousand and does not exceed fifty thousand, shall be one thousand dollars per year; the salary of the district attorney, in counties whose population is more than fifty thousand and does not exceed sixty thousand, shall be twelve hundred and fifty dollars per year; the salary of the district attor ney, in counties whose population is more than sixty thousand and does not exceed seventy thousand, shall be fifteen hundred dollars per year; the salary of the district attorney, in counties whose population is more than seventy thousand and does not exceed eighty thousand, shall be two thousand dollars per

year; the salary of the district attorney, in counties
whose population is more than eighty thousand and
does not exceed ninety thousand, shall be two thou-
sand five hundred dollars per year; the salary of the
district attorney, in counties whose population is
more than ninety thousand and does not exceed one
hundred and fifty thousand, shall be four thousand
dollars per year: Provided, That in no case shall the Proviso.
amount of salary fixed by this act be more than one
thousand dollars per annum in excess of the aggre-
gate amount of fees received in the year, Anno
Domini, one thousand nine hundred and four, by the
district attorney of any county to which the act ap-
plies; the amount of such fees to be inquired into, as-
certained and fixed by the court of quarter sessions
of the peace of any county affected by this proviso;
and the amount so fixed by order of court, and one
thousand dollars in addition thereto, shall be the
amount of salary payable under the terms of this act.

Section 3. That in all counties whose population
is over ninety thousand and does not exceed one hun-
dred and fifty thousand, the district attorney may ap-
point, from the members of the bar of the respective
county, with the consent and approval of the presi-
dent judge of the court of quarter sessions of said
county, an assistant district attorney, or assistant Assistants.
district attorneys, not exceeding two in number, who

has or have been admitted to the bar at least one Eligibility.
year, and who shall have resided in the county for
which he or they are appointed three years next pre-
ceding his or their appointment, for such part of his
term as he may see fit, who shall assist him in the Duties.
duties of his office, and who severally shall receive

such compensation as shall be fixed by the president Salaries.
judge of the court of quarter sessions of the proper
county; providing the same shall not exceed one thou
sand five hundred dollars each, in any one year.

ries.

Section 4. The salary of the district attorney, in Payment of salacounties whose population does not exceed one hundred and fifty thousand, shall be paid in quarterly instalments, out of the moneys in the treasury of the county, by the county treasurer, upon warrants drawn by the county commissioners; and the compensation of the assistant district attorney or attorneys shall be paid in like manner, upon order of the president judge of the court of quarter sessions of said county. Section 5. All fees upon indictments, and any other Fees. charges whatsoever now allowed to the district attorney, in counties whose population does not exceed one hundred and fifty thousand, shall remain as heretofore in amount; but hereafter shall be paid, as part of the costs, to the proper county, for its use and benefit.

Present incumbent.

Repeal.

Section 7. Nothing contained in this act shall be considered as affecting the compensation of the present incumbents of the said office of district attorney for the various counties, for the term for which they have already been elected.

Section 8. All laws or parts of laws inconsistent herewith are hereby repealed.

APPROVED-The 17th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

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No. 126.

AN ACT

An act to amend section eleven and section thirty-two of an act, entitled "An act defining the rights and liabilities of parties to, and regulating the effect of, contracts for work and labor to be done, and labor or materials to be furnished, to any building, bridge, wharf, dock, pier, bulkhead, vault, subway, tramway, toll-road, conduit, tunnel, coal-breaker, flume, pump, screen, tank, derrick, pipe-line, aqueduct, reservoir, viaduct, telegraph, telephone, railway or railroad line; canal, mill-race; works for supplying water, heat, light, power, cold air, or any other substance furnished to the public; well for the production of gas, oil, or other volatile or mineral substance; or other structure or improvement, of whatsoever kind or character the same may be; providing remedies for the recovery of debts, due by reason of such contracts, and repealing, consolidating and extending existing laws in relation thereto," approved the fourth day of June, one thousand nine hundred and one, so as to change the form of the claim and writ of scire facias thereon.

Section 1. Be it enacted, &c., That section eleven of the act, entitled "An act defining the right and liabilities of parties to, and regulating the effect of, contracts for work and labor to be done, and labor or materials to be furnished, to any building, bridge, wharf, dock, pier, bulkhead, vault, subway, tramway. toll-road, conduit, tunnel, mine, coal-breaker, flume, pump, screen, tank, derrick, pipe-line, aqueduct, reservoir, viaduct, telegraph, telephone, railway or railroad line; canal, mill-race; works for supplying water, heat, light, power, cold air, or any other substance furnished to the public; well for the production of gas, oil, or other volatile or mineral substance; or other structure or improvement, of whatsoever kind or character the same may be; providing remedies for the recovery of debts, due by reason of such contracts, and repealing, consolidating and extending existing laws in relation thereto," approved the fourth day of June, one thousand nine hundred and one, which reads as follows:

"Section 11. Such claim may be filed by any person, persons, firm, association, or corporation furnishing labor or materials to such structure or other improvement, and shall set forth:

1. The name of the claimant.

2. The name of the owner of the structure or other improvement and property.

3. The name of the party with whom the claimant contracted, and, if not the owner, then whether or not such party contracted directly with the owner.

4. A copy of this contract or contracts, if in writing, or a statement of the terms and conditions there. of, if any of them are verbal.

5. The kind and character of the labor or materials furnished, or both, and whether the lien is claimed against the fee itself, or a lesser estate, or interest therein.

6. When the contract is with other than the owner, or not for an agreed sum, a detailed statement of the kind and character of the labor or materials furnished, or both, and the prices charged for each thereof.

7. The amount or sum claimed to be still due and chargeable against the particular property, showing how the amount or sum is made up, and whether the claimant has any note or other collateral security for his claim, and if so what it is.

8. A description of the property against which the lien is claimed, together with such a description of the structure or other improvement as may be necessary for the purpose of identification.

9. When the claimant first furnished labor or materials thereto, and when he last did so.

10. From what date the lien is claimed, and, if from a time preceding the filing of the claim, the reason why such date is selected.

11. When the contract is with other than the owner, or the claim is for alterations or repairs, or for fitting up old structures with machinery, gearing, boilers, engines, cars, or other useful appliances, when and how notice was given to the owner of an intention to file the claim.

Attached to the claim shall be a statement, signed, and sworn to or affirmed to, by the parties claimant or some one of them, or by one of their principal or executive officers, or by some one for them, if the facts be better known by such third party; that all the facts therein set forth are true so far as they are within his own knowledge; and so far as they are de rived by information from others, that he has made a careful examination and inquiry as to the truth thereof, and, as a result of such examination and inquiry, he believes them to be true. If the affidavit be made by a third party, the reason therefor shall be stated in the affidavit," be and the same is hereby amended to read as follows:

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Section 11. Every person entitled to such lien shall Contents of claim

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