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per centum.

gages, returned by the prothonotary and the recorder of deeds and mortgages, under the seventh and eighth section of this act, in the commissioners' office or office of the board of revision of taxes, and the office of the Auditor General, or remaining in their respective offices, and assess such Assessment. defaulting person, copartnership, unincorporated association, joint-stock association, limited partnership or corporation with the amounts of all such liens, with the interest thereon, and add thereto the amount of all taxable property obtained from all other sources of information; and it shall be his duty to send for a person, persons and papers, and to administer an oath or affirmation to him or them, in such form as he shall prescribe, to which return or revised and corrected estimated return the Auditor General shall add fifty per centum, and the aggregate amount Shall add afty so obtained shall be the basis for taxation. After such assessment has been made, as aforesaid, by the Auditor General, he shall have full power and authority to force the payment of taxes so assessed against such defaulting per. Enforcement of son or copartnership, or unincorporated association, or payment. company, limited partnership, joint-stock association or corporation, and for that purpose to employ counsel, and take such other measures as may be necessary.

When erer the Auditor General shall exercise the discretion Power and auherein conferred on him, his power and authority in rela- thereto..of Auditor tion thereto shall be absolute: Provided, That if such Proviso. tarable person or copartnership, or unincorporated association, or company, limited partnership, joint-stock association or corporation shall, within fifteen days after having been notified by the Auditor General of such estimated assessment, present a petition to the said Auditor Petition. General, showing reasons, supported by oath or affirmation, satisfactory to the Auditor General, excusing a failure to make a return such as should be made to the assessors, and shall make such return, the Auditor General de substituted. may substitute such return for that returned by him, to have like effect as if no failure to make return had occurred. Furthermore it shall be the duty of 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 all records in the possession of the county commissioners or board of revision of taxes shall Inspection of be for the inspection and use of the Auditor General.

Section 7. Which reads as follows:

“Section 7. That from and after the passage of this section 7. act of act, it shall be the duty of the recorder of deeds, mortfor amendment. gages and other instruments of writing, in each and every county and city co-extensive with a county in this Commonwealth, to keep a daily record, separate and apart from all other records, of every mortgage or article of agreement given to secure the payment of money entered in his office for recording, which said record shall set forth the following information,

Sworn return may

records,

Recorder to keep daily record.

namely: The date of the mortgage or agreement, the names of the parties thereto, the just sum of money secured, the precise residence of the mortgagee or person to whom interest is payable whenever such residence can be ascertained, a brief description of the real estate upon which such mortgage is secured, and the date or several dates when the said sum or portion of said sum shall become due and payable; and a like daily record of every assignment of a mortgage or an article of agreement given to secure the payment of money, and also the number of mortgages and agreements, together with the amount of the same, and the names of the parties thereto, which shall have been that day satisfied of record; and it shall be the further duty of the recorder, on the first Monday of each month, to file the aforesaid daily record in the commissioners' office or with the board of revision of taxes of the proper county or city, and one certificate appended thereto shall be all that shall be required," be and the same is hereby altered and amended so as to read as follows:

That from and after the passage of this act, it shall be the duty of the recorder of deeds, mortgages and other instruments of writing, in each and every county and city co-extensive with a county in this Commonwealth, to keep a daily record, separate and a part from all other records, of every mortgage or article of agreement given to secure the payment of money, entered in the office for recording, which said record shall set forth the following information, to wit: The date of the mortgage or agreement, the names of the parties thereto, the just sum of money secured, the precise residence of the mortgagee or person to whom interest is payable, whenever such residence can be ascertained, a brief description of the real estate upon which such mortgage is secured, and the date or several dates when the said sum or portion of the said sum shall become due and payable; and a like daily record of every assignment of a mortgage or an article of agreement, given to secure the payment of money, and also the number of mortgages and agreements, together with the amount of the same, and the names of the parties thereto, which shall have been that day satisfied of record; and it shall be the further duty of the recorder, on the first Monday of each month, to file the aforesaid daily record in the commissioners' office or with the board of revision of taxes of the proper county or city, and with the Auditor General of the Commonwealth, and one certificate appended thereto shall be all that shall be required.

Section 8. Which reads as follows:

"That it shall be the duty of the prothonotary or clerk of the court of common pleas, in each and every

Contents.

Filing.

Certincate.

Section 8, act of June 1, 1889, cited for amendment.

county or city co-extensive with a county in this Commonwealth, forthwith upon the passage of this act, to keep a daily record, separate and apart from all other records, of every single bill, bond, judgment or other instrument securing a debt, entered of record in his office, which daily record shall set forth the following information, to wit: The date of the instrument, the names of the plaintiff and defendant, together with the precise residence of the plaintiff or person to whose use such bill, bond, judgment or other obligation to pay money is marked, whenever such residence can be ascertained, the just sum secured, and the date or several dates when the said sum or portion of the same shall become due and payable, with the further information whether any of the said bonds or judgments are accompanied with mortgages, and also the number of every single bill, bond, judgment or other instrument securing a debt, together with the amount of the same and the names of the plaintiff and defendant thereto, which shall have been that day satisfied; and it shall be the further duty of prothonotary or clerk of the court of common pleas to file the aforesaid daily record of bills and so forth in the commissioners' office, or with the board of revision of taxes of the proper county or city, on the first Monday of each month, and one certificate appended thereto shall be all that shall be required," be and the same is hereby altered and amended so as to read as follows:

That it shall be the duty of the prothonotary or Prothonotary or clerk of the court of common pleas, in each and every keep dally county or city co-extensive with a county in this Com records. monwealth, forthwith upon the passage of this act, to keep a daily record, separate and apart from all other records, of every single bill, bond, judgment or other instrument securing a debt, entered of record in his office, which daily record shall set forth the following information, to wit: The date of the instrument, Contents. the names of the plaintiff and defendant, together with the precise residence of the plaintiff or person to whose use such bill, bond, judgment or other obligation to pay money is marked, whenever such residence can be ascertained; the just sum secured, and the date or several dates when the said sum or portion of the sums shall become due and payable; with the further information whether any of the said bonds or judgments are accompanied with mortgages, and also the number of every single bill, bond, judgment or other instrument securing a debt, together with the amount of same, and the names of the plaintiff and defendant thereto, which shall have been that day satisfied; and it shall be the further duty of the prothonotary or the clerk of the court of common pleas

Filing.

Certificato.

to file the aforesaid daily record of bills, et cetera, in the commissioners' office, or with the board of revi. sion of taxes of the proper county or city, and with the Auditor General of the Commonwealth

on the first Monday of each month, and one certificate appended thereto shall be all that shall be required.

Section 4. All acts and parts of acts inconsistent herewith be and the same are hereby repealed. APPROVED—The 17th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

Repeal.

No. 135.

less

han 1,000

AN ACT Authorizing the Commonwealth of Pennsylvania to rebuild uncompleted county bridges over any river not less than one thousand feet in width, whenever the portions of said bridges already erected have been destroyed by floods before the final completion thereof, and where it appears that over fifty per centum of the contract price had already been expended

before such destruction. County bridges. Section 1. Be it enacted, &c., That whenever a re

port of viewers in favor of a county bridge over any Over streams not river of this Commonwealth, not less than one thoufeet in width.

sand feet in width, has been confirmed and approved by the court, the grand jury and county commissioners of the county in which the same is situate, and the county commissioners have expended fifty per centum of the contract price therefor, in the actual

erection and construction of the said bridge, and, beUncompleted. fore the final completion thereof, the portions so

already erected shall have been destroyed or carried away by floods, thereupon the Commonwealth of Pennsylvania shall rebuild such bridge, in the same manner as if it had been a completed bridge, owned, controlled and maintained by such county: Provided, That said county shall contribute toward the erection and reconstruction of said bridge the balance of the original contract price remaining unexpended at the time of such destruction.

Section 2. Whenever such partially constructed bridge shall have been so carried away or destroyed, the county commissioners of the county in which the same was located may apply by petition to the court of common pleas of Dauphin county, setting forth fully in such petition the facts as required in the first

section of this act. Whereupon it shall be the duty Viewers

of the said court to appoint five viewers, one of whom shall be a civil engineer, and not more than two of whom shall be residents of the county wherein such bridge is erected. The viewers so appointed, having

State shall rebulld.

Proviso.

Petition.

to have notice.

been duly qualified to faithfully perform their duties, shall proceed to the location of the proposed bridge, and make report, at such time as the court may direct, Report. setting forth in said report the location and length of the bridge reported by the county viewers, the time when said report was confirmed by the court of quarter sessions, the length of the bridge as contracted for by the county commissioners, the contract price for the same, the amount of money expended or for which the said county has become liable before the destruc. tion thereof, the time when the same was destroyed, together with the recommendation of the viewers as to the kind and character of the bridge needed and the possible cost thereof. The Attorney General of the Attorney General Commonwealth shall have due notice of the filing of said petition and application for viewers: Provided, Proviso. however, That there shall be filed with said petition an agreement between the county and contractors that each of said parties are agreed that said contract shall cease and determine as to any liability, by reason of the further construction of said bridge by the State: And provided further, That the Commonwealth in rebuilding such bridge shall have the right to use any and all material already paid for by the county, without any liability for the value of the same.

Section 3. Upon the filing of such report, all pro- Proceedings. ceedings thereon shall be in the same manner and to the same extent, and all costs and expenses of said proceedings shall be borne in the same manner and to the same extent, as in the case of county bridges already erected, for the rebuilding of which the State is now liable under existing laws. APPROVED—The 17th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

No. 136.

AN ACT

To provide for the vacation and closing of alleys, lanes, or

passageways that are, or may hereafter become, public nuisances; and to compensate abutting property owners or others who may be damaged thereby, and assess benefits, if any there be. Section 1. Be it enacted, &c., That from and after Alleys, lanes, or

passageways. the passage of this act, where the bureau of health or health officers of any city, county, township, borough, or district in the State shall declare as a public nui. Declared to be a sance and menace to health any alley, lane, or passage.

public nuisance. way located therein, used wholly or partly by the public, that thereupon any two or more owners of property adjacent, contiguous, or abutting upon the same,

13 Laws

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