Petition. Certificate. Jury of view. Notice. Report. may present their petition, duly verified by oath or affirmation, to the court of quarter sessions of the said city or county in which the said alley, lane, or passageway is located, setting forth the facts regarding the said nuisance, and praying that the said alley, lane, passageway, or so much thereof as may be necessary, be vacated; which said petition shall be accompanied by a certificate of the bureau of health or health officers, setting forth that they have declared the said alley, lane, or passageway to be a public nuisance and menace to health. That thereupon the said court shall appoint a jury of view of six men, being duly qualified residents of the city or county where the proceedings are had. That the said jury, being duly sworn or affirmed to faithfully perform their duties, shall give notice to the abutting, contiguous, and adjacent property owners, or others that are likely to be affected by the proceedings, of the time and place of the first meeting, in such manner as the court may direct; and after the said first meeting, the jury shall proceed to view the premises, and View and Inquiry. inquire into and take testimony, in the manner usually pursued by juries of view in the opening of streets and the like; and then to present and file in the court of their appointment their report, in writing, of their findings and recommendations as to whether or not the said alley, lane, or passageway, or so much thereof as may be necessary, be vacated, and awarding the damages and assessing the benefits, if any, to the prop erties affected thereby: Provided, That after they shall have prepared their report, the jury shall give notice in writing to all the parties to be affected by the said report, at least ten days before the day there in named for its filing, that the same is open to inspection, at a place, within the said city or county, named therein; within which period any party or person aggrieved thereby shall have the right to file with the jury exceptions thereto; whereupon it shall be the duty of the said jury to proceed to reconsider their said report with the exceptions; and if the same or any part thereof are, in their opinion, in part or in whole, well founded, then it shall become their duty to modify their said report as justice may require; and thereupon file the same in the court of their appointment. If however no exceptions be filed within the period of the notice, then it shall be the duty of the said jury, at the expiration of the said period, to forthwith file its said report in the court of their appointment: Provided further, That any party or person affected by the said report shall have, after the same is filed in the court aforesaid, the right to appeal to the court of common pleas of the city or county where the proceedings are had, within thirty days after the Award. Proviso. Exceptions. Proviso. Appeal. filing of the said report; whereupon the appeal shall, as to the parties thereto, proceed in the same manner as actions of trespass are now conducted. At the end of the period allowed for appeal, the said report shall be absolutely confirmed by the court aforesaid, as to such awards or assessment of benefits from which no appeals have been taken: Provided, That this Proviso. act shall not apply in any case where the vacation of such alley, lane, or passageway shall wholly deprive any lot or lots of ground abutting thereon of the sole means of ingress or egress to or from such lot or lots, otherwise than to or from the front line or main line thereof: And provided further, That the provisions of Proviso. this act shall not apply to any lane, alley, or passageway created or existing by grant or contract, and not heretofore accepted by the public authority of the city, borough, or township in which the same may be located. And all acts or parts of acts inconsistent herewith Repeal. be and the same are hereby repealed. APPROVED-The 17th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 137. AN ACT To extend the benefits of the Soldiers' Orphan Industrial Section 1. Be it enacted, &c., That the Commission of Soldiers' Orphan Schools of the State of Pennsyl vania, under such rules and forms of application as it may adopt, shall and is hereby authorized and required to admit to the Pennsylvania Soldiers' Orphan Industrial School, or to the Soldiers' Orphan Schools, orphan or destitute children of honorably discharged soldiers, sailors and marines of the Philippine war; subject to the present laws governing the control of the schools. APPROVED-The 17th day of April, A. D. 1905. SAML. W. PENNYPACKER. County commissioners. Section 2, act of for amendment. No. 138. AN ACT To amend an act, entitled "An act authorizing the county commissioners to borrow money and issue bonds for the purpose of building, improving and repairing public roads and highways in their respective counties, in pursuance of the provisions of an act, entitled 'An act providing for the permanent improvement of certain roads or highways in the several counties of this Commonwealth; making such improved roads and highways county roads; authorizing the relocation, opening, straightening, widening, extension and alteration of the same, and the vacation of so much of any road as may become necessary; authorizing the taking of property for such improvement, and providing for the compensation thereof, and the damages resulting from such taking; providing for the payment of the costs and expenses incurred in making such improvements and in thereafter repairing and maintaining said roads, and authorizing the levy of a tax to provide a fund for said purposes,' approved June twenty-six, Anno Domini one thousand eight hundred and ninety-five,' approved July tenth, Anno Domini one thousand nine hundred and one; by changing the restriction, as to the amount of bonds which may be issued in any one year, from one-tenth of one per cent. to one-half of one per cent. Section 1. Be it enacted, &c., That section two of the act of Assembly, approved July tenth, one thousand nine hundred and one, which reads as follows: "Section 2. The said county commissioners shall not July 10, 1901, cited issue bonds, in any one year, to an amount exceeding one-tenth of one per centum of the total valuation of all property for taxable purposes in said county, as shown by the last triennial assessment in any county issuing bonds under the provisions of this act," shall be and the same is hereby amended so as to read as follows: Bonds. Limit of issue. Proviso. Approval of the issue. Section 2. The said county commissioners shall not issue bonds in any one year, to an amount exceeding one-half of one per centum of the total valuation of all property for taxable purposes in said county, as shown by the last triennial assessment in any county issuing bonds under the provisions of this act: Provided, That the amount of bonds issued in any one year in excess of one-tenth of one per centum of the total valuation of all property for taxable purposes in said county, as shown by the last triennial assessment, in any county issuing bonds under the provisions of this act, shall be approved by the grand jury and the court of quarter sessions. APPROVED-The 17th day of April, A. D. 1905. No. 139. AN ACT Authorizing the refunding of purchase money and fees erroneously paid to the Commonwealth by John M. Nedrow, on warrant for sixty acres of land in Donegal township, Westmoreland county. Whereas, The Secretary of Internal Affairs, on pay- Preamble. ment of twenty-one dollars ($21.00) into the State Treasury for purchase money and fees, did, on February twenty-seven, one thousand nine hundred and two, issue to John M. Nedrow, of Jones Mills, Pennsylvania, a warrant for sixty acres of land in Donegal township, Westmoreland county; and Whereas, It was subsequently discovered, when survey was made by the county surveyor, and filed with the Secretary of Internal Affairs, that said tract of land was covered by previous surveys, on warrants to Harrison P. Laird and Lawrence Winshimer, dated October two, one thousand eight hundred and fiftyeight, and that therefore the warrant issued to John M. Nedrow was in effect null and void, therefore: Section 1. Be it enacted, &c., That the Auditor General be authorized to draw his warrant on the State Treasurer, in favor of the said John M. Nedrow, for so much of the money paid on above tract as was received by the Commonwealth. APPROVED -The 18th day of April, A. D. 1905. Refunding of pur chase money to J. M. Nedrow. No. 140. AN ACT Making an appropriation to James Russ, of the city of Harrisburg, Pennsylvania, for the payment of a judgment recovered by him against the Commonwealth of Pennsylvania, to number twenty-six, Commonwealth docket, one thousand nine hundred and three, in the court of common pleas of Dauphin county. Whereas, Under the provisions of an act, entitled Preamble. "An act authorizing James Russ, a resident of Dauphin county, Pennsylvania, to bring suit in the court of common pleas of Dauphin county against the Commonwealth of Pennsylvania," approved the twentyfifth day of April, one thousand nine hundred and three (pamphlet laws, three hundred and fifteen), an action was brought by said James Russ against the James Russ. Commonwealth of Pennsylvania, in the said court, to number twenty-six, Commonwealth docket, one thousand nine hundred and three, and judgment thereon recovered by him against the said Common Appropriation. wealth of Pennsylvania, in the amount of four thou sand dollars; now, therefore: Section 1. Be it enacted, &c., That the sum of four thousand dollars be and the same is hereby specifically appropriated to James Russ, of the city of Harrisburg, Pennsylvania, for the payment of the said judgment, which includes debt, interest and costs. APPROVED-The 18th day of April, A. D. 1905. Reports of viewers. Art of May 16, 1891, cited. Exceptions. Confirmation of report. No. 141. AN ACT Supplementary to an act, entitled "An act in relation to the laying out, opening, widening, straightening, extending or vacating streets and alleys, and the construction of bridges, in the several municipalities of this Commonwealth, the grading, paving, macadamizing or otherwise improving streets and alleys, providing for ascertaining the damages to private property resulting therefrom, the assessment of the damages, costs and expenses thereof upon the property benefitted, and the construction of sewers and the payment of the damages, costs and expenses thereof, including the damages to private property resulting therefrom," approved the sixteenth day of May, Anno Domini one thousand eight hundred and ninety-one; relating to exceptions and to the confirmation of the reports of viewers and of parts thereof, and of appeals to the Superior and Supreme Court from the confirmation of viewers' reports or parts thereof, the manner of taking the same, and the effect thereof. Section 1. Be it enacted, &c., That where any exceptions are filed to any report of viewers, made and filed in court in pursuance of the act, entitled "An act in relation to the laying out, opening, widening, straightening, extending or vacating streets and alleys, and the construction of bridges in the several municipalities of this Commonwealth, the grading, paving, macadamizing or otherwise improving streets and alleys, providing for ascertaining the damages to private property resulting therefrom, the assessment of the damages, costs and expenses thereof upon the property benefitted, and the construction of sewers and the payment of the damages, costs and expenses thereof, including the damages to private property resulting therefrom," approved the sixteenth day of May, Anno Domini one thousand eight hundred ninetyone, to which this act is supplementary, and the said exceptions affect the entire report, the same shall not be confirmed absolutely as to any part thereof until the said exceptions have been finally disposed of by the court; but when exceptions are filed that only go to or affect some particular assessment of benefits or damages, and which in the consideration and final disposal thereof will not affect the assessments made |
