Section 32, act of June 4, 1901, cited for amendment. Form of scire facias. file a claim, or statement of his demand, in the office of the prothonotary of the court of common pleas of the county in which the building may be situate, which claim shall set forth: 1. The names of the party claimant and of the owner, or reputed owner, of the building, and also of the contractor, architect or builder. 2. The amount or sum claimed to be due, and the nature or kind of the work done, or the kind and amount of materials furnished, or both; and the time when the materials were furnished, or the work done, or both, as the case may be. 3. The locality of the structure or other improvement, with such description thereof as may be necessary for the purpose of identification, and a description of the real estate upon which the same is situate. Section 2. That section thirty-two of said act of Assembly, which reads as follows: "Section 32. The claim shall be sued out by writ of scire facias in the following form: "The Commonwealth of Pennsylvania, To C. D. and E. F., Greeting: "Whereas, A. B., claimant, on the .... day of "And Whereas, We have been given to understand that said claim is still due and unpaid, and remains as a lien against said property, now you are hereby notified to file your affidavit of defence to said claim, if any defence you have thereto, in the office of the prothonotary of our said Court, within fifteen days after the service of this writ upon you. If no affidavit of defence be filed within said time, judgment may be entered against you for the whole of said claim, and the property described in the claim be sold to recover the amount thereof. "Witness the Honorable President Judge of our said Court, this Anno Domini 1..... (Seal) day of Prothonotary. "But the parties to the claim may agree upon an amicable scire facias, upon such terms as may be agreed upon, with the same effect as if a scire facias in the form aforesaid had been duly issued, served and returned," be and the same is hereby amended so as to read as follows: Section 32. The proceedings to recover the amount of any claim, as aforesaid, shall be by writ of scire facias in the following form, viz.: for (work done or for the sum of And whereas, It is alleged that said sum still remains due and unpaid to the said ... ...... now we command you that you make known to the sum of .. next, to show if said structure to the use of the said .... Witness the Honorable President of our said Court, at the .... Domini 1...... day of Anno APPROVED-The 17th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 127. AN ACT Authorizing city treasurers, in cities of the first class, to appoint an assistant treasurer; defining his powers, and fixing his salary. Section 1. Be it enacted, &c., That the city treas- Citles of the first urer, in cities of the first class, shall appoint and keep class. urers. a deputy, to be known as assistant treasurer, to perform the duties of the city treasurer in his absence, Assistant treasfor whose conduct he and his sureties shall be accountable, and such assistant treasurer shall be au- Powers of. thorized to do whatever by law appertains to the office of city treasurer. Section 2. Should the office of said city treasurer Duties of. become vacant, by reason of death, resignation or otherwise, the duties imposed by law upon the city treasurer shall be performed by the assistant treasurer until the appointment and qualification of the Proviso. Salary. successor: Provided, Before said assistant treasurer shall enter upon the performance of the duties enjoined by this section, he shall give the same security as required of the city treasurer. Section 3. The salary of the assistant treasurer shall be five thousand dollars per annum, to be paid from the county treasury. APPROVED-The 17th day of April, A. D. 1905. County treasurers. Vacancies to be filled by appointment. Repeal. No. 128. AN ACT Providing that all vacancies in the office of county treasurer, in this Commonwealth, shall be filled by appointment of the Governor until the next general election. Section 1. Be it enacted, &c., That any vacancy occurring by death, resignation or otherwise, in the office of county treasurer, in any county of this Commonwealth, shall be filled by the appointment of any eligible person by the Governor; and the person so appointed shall hold said office until the first Monday of January next succeeding the next general election which shall occur three or more months after the happening of such vacancy. Section 2. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. APPROVED-The 17th day of April, A. D. 1905. Penitentiaries, Article 2, act of April 23, 1829. cited for amendment. No. 129. AN ACT Amending article two of an act, entitled "A further supplement to an act, entitled 'An act to reform the penal laws of this Commonwealth,' approved April twenty-third, Anno Domini one thousand eight hundred and twenty-nine," by providing that the warden of a penitentiary may reside outside thereof. Section 1. Be it enacted, &c., That article two of an act, entitled "A further supplement to an act, entitled 'An act to reform the penal laws of this Commonwealth,' approved April twenty-third, one thousand eight hundred and twenty-nine," which reads as follows: "The warden shall reside in the penitentiary; he shall visit every cell and apartment, and see every prisoner under his care, at least once in every day; he shall keep a journal, in which shall be regularly entered the reception, discharge, death, pardon or escape of any prisoner; and also the complaints that are made, and the punishments that are inflicted for the breach of prison discipline, as they occur, the visits of the inspector and the physician, and all other occurrences of note that concern the state of the prison, except the receipt and expenditures, the account of which is to be kept in the manner hereinafter directed. "The warden shall appoint the under-keepers, who shall be called overseers, and all necessary servants, and dismiss them whenever he thinks proper, or the board of inspectors direct him so to do. "He shall report all infractions of the rules to the inspectors, and, with the approbation of one of them, may punish the offender in such manner as shall be directed in the rules to be enacted by the inspectors concerning the treatment of prisoners. "He shall not absent himself from the penitentiary for a night, without permission, in writing, from two of the inspectors. "He shall not be present when the inspectors make their stated visits to the prisoners under his care, unless thereto required by the inspectors," be and the same is hereby amended to read as follows: He Duties. The warden may reside outside of the grounds of Wardens. the penitentiary: but his place of residence must be in the vicinity thereof, and convenient thereto. shall visit every cell and apartment, and see every prisoner under his care, at least once in every day; he shall keep a journal, in which shall be regularly entered the reception, discharge, death, pardon, or escape of any prisoner, and also the complaints that are made, and the punishments that are inflicted for the breach of prison discipline, as they occur; the visits of the inspector and the physician, and all other occurrences of note that concern the state of the prison, except the receipt and expenditures, the account of which is to be kept in the manner herein after directed. The warden shall appoint the under keepers, who shall be called overseers, and all necessary servants; and dismiss them whenever he thinks proper, or the board of inspectors direct him so to do. He shall report all infractions of the rules to the inspectors, and, with the approbation of one of them, may punish the offender, in such manner as shall be directed in the rules to be enacted by the inspectors concerning the treatment of prisoners. He shall not be present when the inspectors make their stated visits to the prisoners under his care, unless thereto required by the inspectors. 12 Laws. Repeal. Section 2. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. APPROVED-The 17th day of April, A. D. 1905. Public documents. Governor's address and messages. Pamphlet laws. Journals. Auditor General's report. No. 130. AN ACT To regulate the publication, binding, and distribution of the public documents of this Commonwealth. Section 1. Be it enacted, &c., That from and after the passage of this act, the printing, binding, distribution and number of the several public documents of this Commonwealth shall be as follows, to-wit: I. Two thousand copies each of the Governor's inaugural address, annual or biennial message; four hundred for the Senate; seven hundred for the House of Representatives; five hundred for the Governor; one thousand of which shall be bound in cloth; three hundred for the State Librarian, and one hundred for the Secretary of the Commonwealth. II. Twenty-five thousand copies of the pamphlet laws: all to be bound in full sheep; four thousand for the Senate, of which twenty copies to be labelled "Property of the Senate;" eight thousand for the House, of which twenty copies to be labelled "Property of the House;" five hundred copies for the State Librarian; one hundred copies for the Governor; five for each of the several Departments of State government, of which one copy for each Department shall be bound to match the sets now in each office; and the balance to be delivered to the Secretary of the Commonwealth, for distribution to the several judges, justices of the peace, county officers, public libraries, and others, as heretofore provided by law, and no edition of the general laws shall be published. III. Four hundred copies of the Senate and House journals: all to be bound in full sheep; sixty-five copies for the Senate, of which ten copies shall be labelled "Property of the Senate;" two hundred and twenty copies for the House, of which ten copies shall be labelled "Property of the House;" one hundred copies for the State Librarian, and the balance to be delivered to the Secretary of the Commonwealth. IV. Three thousand fifty copies of the report of the Auditor General on the finances: five hundred for the Senate, one thousand for the House, one thousand two hundred for the Auditor General, fifty for the Governor, and three hundred for the State Librarian. |