Citation. Answer. Hearing. Powers of court. Determination of amount of license fee. Appeal. Act construed. Negligence. setting forth the nature and character of the dispute, and the facts bearing upon the question thus raised, the said court shall issue a citation to the respondent, commanding it to appear and answer the said petition at a time named, and to abide by and obey the order of the court. Said citation and a copy of said petition shall be served upon the respondent, not less than fifteen days before the time fixed for answering. To said petition the respondent shall make answer, within the time fixed or such extension thereof as the court shall allow, specifically answering the facts set forth in said petition, and averring such other or further facts as it shall deem necessary for the proper determination of the said dispute. At any time after the return day fixed in the said citation, the said court shall, upon application of either party, fix a date for the hearing of the issue raised by said petition and answer; and thereupon shall take the evidence, and decide the said dispute in the way and manner provided by law for the hearing of cases in equity. Section 2. Said court shall have power to allow any pleading to be amended, to make all necessary, general or special rules or orders for the production of evidence and to expedite the said hearing, and may hear and determine the matter ex parte if the respondent fails to answer or appear at the time fixed for the hearing. Section 3. The said court, in its decision of said dispute, shall determine the amount of annual license fees which should be paid to the said municipal corporation in order to properly compensate it for the necessary cost of the services performed, or to be performed, by it, for the inspection and regulation of the poles, wires, conduits, or cables of the said telegraph, telephone, light, or power company; and the amount thus determined shall be the maximum sum which the said municipal corporation shall be authorized to charge as license fees against such petitioning corporation. Section 4. Either party shall have the right of ap peal from the order of the court, to the Supreme or Superior Court, as in other cases. Section 5. The amount of such annual license fees, as determined by the final order of the court, shall continue until altered by the court itself; but no application shall be made for that purpose oftener than once in every two years. Section 6. Nothing in this act contained shall be so construed as to alter or affect the duty of said telegraph, telephone, light, or power company to properly erect, or construct and maintain, its poles, wires, conduits, and cables, or to relieve it from liability for negligence in regard thereto either primarily to the person injured, or secondarily to the municipal cor- APPROVED-The 17th day of April, A. D. 1905. No. 133. AN ACT Amending section nine of an act, approved the fifth day of May, one thousand eight hundred and ninety-nine, entitled "An act supplementing and amending an act, entitled 'An act to establish an intermediate court of appeal; regulating its constitution, officers, jurisdiction, powers, practice, and its relation to the Supreme Court and other courts; providing for the reports of its decisions, the compensation of the judges and other officers, and the practice and costs on appeals from its judgments,' approved June twenty-fourth. Anno Domini one thousand eight hundred and ninety-five," and increasing the amount to which the judges of the Superior Court shall be entitled to be reimbursed for the sums expended by them, in each year, for the help of stenographers, typewriters or clerks, and regulating the time and manner of such reimbursement. Section 1. Be it enacted, &c., That section nine of Superior Court. an act approved May fifth, Anno Domini one thousand eight hundred and ninety-nine, entitled "An act supplementing and amending an act, entitled 'An act to establish an intermediate court of appeal; regulating its constitution, officers, jurisdiction, powers, practice, and its relations to the Supreme Court and other courts; providing for the reports of its decisions, the compensation of the judges and other officers, and the practice and costs on appeal from its judgments,' approved June twenty-fourth, Anno Domini one thousand eight hundred and ninety-five," which reads as follows: "Section 9. All necessary dockets, blank-books. seals, stationery and other supplies shall be obtained and furnished by the Secretary of the Commonwealth, in the same manner as books and supplies are furnished to and for his own department. And to facilitate the labors of the judges of the Superior Court, the said judges are hereby authorized to employ the help of stenographers, typewriters or other clerks. provided that the cost of such help shall not exceed the sum of seven hundred dollars per annum for any member of said court. The cost of such help shall be paid by the judge emploving the same, and shall be repaid to him by the State Treasurer on his certificate of the amount actually paid by him during the preceding three months for clerk hire," be and the same is hereby amended so as to read as follows: Section 9. act of May 5, 1899, cited for amendment. Supplies. Stenographers, typewriters and clerks. How payable. Section 9. All necessary dockets, blank-books, seals, stationery and other supplies shall be obtained and furnished by the Secretary of the Commonwealth, in the same manner as books and supplies are furnished to and for his own department. And to facilitate the labors of the judges of the Superior Court, the said judges are hereby authorized to employ the help of stenographers, typewriters or other clerks, provided that the cost of such help shall not exceed the sum of fifteen hundred dollars per annum for any member of said court. The cost of such help shall be paid by the judge employing the same, and shall be repaid to him by the State Treasurer on his certificate of the amount actually paid by him during the preceding month for clerk hire. APPROVED-The 17th day of April, A. D. 1905. Auditor General. Section 5, act of June 1, 1889, cited for amendment. No. 134. AN ACT Amending the fifth, seventh and eighth sections of a further supplement to an act, entitled "An act to provide revenue by taxation," approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine, which further supplement was approved the first day of June. one thousand eight hundred and eighty-nine; authorizing and requiring the Auditor General of the Commonwealth to make a return for personal property taxes for defaulting persons, copartnerships, unincorporated associations, limited partnerships, joint-stock associations or corporations, wherein there has been a failure or refusal of the aforesaid to make returns properly verified, and upon the failure or refusal of the assessors and board of revision of taxes or county commissioners to make a proper return for said personal property taxes: also authorizing and requiring the Auditor General of the Commonwealth to collect the taxes in accordance with the returns made by him, and requiring the recorder of deeds and prothonotaries of the various counties to file daily records in the Auditor General's office, as they are required to file in the commissioners' office or with the board of revision of taxes; also requiring the county commissioners or board of revision of taxes to file with the Auditor General copies of all returns made for personal property taxes, and requiring the record of the county commissioners or board of revision of taxes to be opened to the inspection and use of the Auditor General. Section 1. Be it enacted, &c., That a further supplement to an act providing for revenue by taxation, approved the first day of June, Anno Domini one thousand eight hundred and eighty-nine, which reads as follows: "Section 5. That upon the refusal or failure of any taxable person, copartnership, unincorporated association, limited partnership, joint-stock association or corporation to make a return properly verified by oath or affirmation, as required by this act, within ten days after being notified to do so, it shall be the duty of the assessor to make a return for such taxable person, copartnership, unincorporated association, jointstock association, limited partnership or corporation from the best information he can obtain; he shall examine the records and lists of judgments and mortgages, returned by the prothonotary and the recorder of deeds and mortgages, under the seventh and eighth sections of this act, in the commissioners' office or office of the board of revision of taxes or remaining in their respective offices, and assess such defaulting person, copartnership, unincorporated association, joint-stock association, limited partnerships or corporations with the amounts of all such liens, with interest thereon, and add thereto the amount of all taxable property obtained from all other sources of information; which return the proper county commissioners or board of revision shall have power, and it shall be their duty, to revise and correct, according to the best information they can command from the records in their office or other sources, and it shall be their duty to send for a person, persons and papers, and to administer an oath or affirmation to him or them in such form as shall be prescribed and supplied by the Auditor General, to which revised and corrected estimated return the proper county commissioners or board of revision of taxes shall add fifty per centum, and the aggregate amount so obtained shall be the basis for taxation: Provided, That if such taxable person or copartnership, or unincorporated association or company, limited partnership, jointstock association or corporation, on or before the day fixed for appeals from assessments, shall present reasons, supported by oath or affirmation, satisfactory to the proper county commissioners or board of revision, excusing a failure to make a return such as should be made to the assessors, and shall then make such return, the proper county commissioners or board of revision may substitute such returns for that returned by the assessor and corrected as aforesaid, to have like effect as if no failure to return had occurred," be and the same is hereby altered and amended to read as follows: That upon the failure or refusal of any taxable person, copartnership, unincorporated association, limited partnership, joint-stock association or corporation to make return, properly verified by oath or affimation, as required by this act, within ten days after being notified to do so, it shall be the duty of the assessor to make a return for such taxable person, copartnership, unincorporated association, jointstock association, limited partnership or corporation from the best information he can obtain; he shall ex Return. County commissioners to revise, etc. Proviso. amine the records and lists of judgments and mort gages, returned by the prothonotary and the recorder of deeds and mortgages, under the seventh and eighth sections of this act, in the commissioners' office or office of the board of revision of taxes, or remaining in their respective offices, and assess such defaulting person, copartnership, unincorporated association, joint-stock association, limited partnership or corporation with the amounts of all such liens, with interest thereon, and add thereto the amount of all taxable property obtained from all other sources of information; which return the proper county commissioners or board of revision shall have power, and it shall be their duty, to revise and correct, according to the best information they can command from the records in their office or other sources; it shall be their duty to send for a person, persons and papers, and to administer an oath or affirmation to him or them, in such form as shall be prescribed and supplied by the Auditor General, to which revised and corrected estimated return the proper county commissioners or board of revision of taxes shall add fifty per centum, and the aggregate amount so obtained shall be the basis for taxation: Provided, That if such taxable person or copartnership, or unincorporated association or company, limited partnership, jointstock association, or corporation, on or before the day fixed for appeals from assessments, shall present reasons, supported by oath or affirmation, satisfactory to the proper county commissioners or board of revision, excusing failure to make a return such as should be made by the assessors, and shall then make such return, the proper county commissioners or board of Sworn return may revision may substitute such return for that returned by the assessors, and corrected as aforesaid, to have a like effect as if no failure to return had occurred. Upon the failure or refusal of any taxable person, copartnership, unincorporated association, limited partnership, joint-stock association or corporation to make re turn, properly verified by oath or affirmation, as required by this act, and upon the failure or refusal, at the expiration of any fiscal year, of the assessors and board of rerision of taxes or county commissioners to make a return or a revised and corrected estimated return, as herein provided, or should the assessors and board of revision of taxes or county commissioners return a less amount of property than is made taxable by the first section of this act, then it shall be the duty of the Auditor General to make a return or a revised and corrected estimated return for such defaulting person, copartnership, unincorporated association, limited partnership, joint-stock association or corporation from the best information he can obtain. He shall examine the records and lists of judgments and mort be substituted. Auditor General to make return. Examination of records. |