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Writs of scire facias sur mortgage.

etc.

which writs of scire facias sur mortgage have been issued subsequent to the passage of an act, entitled "An act relating to the service of certain process in actions at law, and the effect thereof, and providing who shall be made parties to certain writs," approved the ninth day of July, Anno Domini one thousand nine hundred and one, and prior to the passage of this act, and the affidavit required by division ten of section one of said act of July nine, Anno Domini one thouAffidavit not fled sand nine hundred and one, has not been filed with with praecipe. the praecipe, and the subsequent proceedings on said writs have not been in accordance with the requirements of said act of July nine, Anno Domini one thousand nine hundred and one, but in accordance with the requirements of the acts of assembly in force prior to its passage, and the real estate, bound by the liens of the mortgages upon which said writs of scire facias sur mortgage issued, has been sold by the sheriff of the proper county, by virtue of writs of levari facias awarded upon judgments entered in such actions, the sales so made shall and the same are hereby declared to be valid and effectual to vest in the purchasers the title to said real estate, with the same force and effect as if the proceedings upon said writs of scire facias sur mortgage had been had prior to the passage of said act of July nine, Anno Domini one thousand nine hundred and one, unless, within one year after the passage of this act, an entry be made upon such real estate, or an action of ejectment be brought for its recovery by those who were the real owners thereof when said writs of scire facias were issued, or by the persons claiming under such owners.

Sales validated.

Exception.

Proviso.

Provided, however, That this act shall not apply to any case in which entry has heretofore been made, or to any suits, actions or proceedings instituted for the purpose of determining the validity of any such sales, which are now pending and undetermined, or which have been heretofore judicially decided.

APPROVED-The 18th day of April, A. D. 1905.

SAML. W. PENNYPACKER.

No. 156.

AN ACT

To amend the second section of an act, entitled "An act to authorize the election of a chief burgess for three years in the several boroughs in this Commonwealth, who shall not be eligible to the office for the next succeeding term, and providing that such officer shall not be a member of the town council, giving him the power to veto ordinances, providing for the election of a presiding officer of councils, and abolishing the office of assistant burgess," approved the twentythird day of May, Anno Domini one thousand eight hundred and ninety-three; so as to authorize and empower the chief burgess to attend meetings of town councils at their annual organization for the election of such officers as are, by law and borough ordinances, at that time required to be elected, and who shall have no vote unless the councils be equally divided, when he shall cast the deciding vote.

Section 1. Be it enacted, &c., That section two of Boroughs. an act, entitled "An act to authorize the election of a chief burgess for three years in the several boroughs of this Commonwealth, who shall not be eligible to the office for the next succeeding term, and providing that such officer shall not be a member of the town council, giving him the power to veto ordinances, providing for the election of a presiding officer of the councils, and abolishing the office of assistant burgess," approved the twenty-third day of May, Anno Domini one thousand eight hundred and ninety-three, which reads as follows, to-wit:

"Section 2. Such chief burgess shall not hold any other borough office or appointment during the term for which he is elected; nor be a member of, nor preside at the meetings of the town council of said borough. But said meetings shall be presided over by a president of council, to be at the annual organization thereof elected by such council from among their number. And in the absence of such president shall be presided over by a president pro tempore," be and the same is hereby altered and amended so as to read as follows:

May 23, 1893, cited for amendment.

Section 2, act of

Duties at the orcouncil.

ganization of

Section 2. Such chief burgess shall not hold any Chief burgess, other borough office or appointment during the term for which he is elected; nor be a member of, nor preside at the meetings of, the town council of said borough. But he shall have the right, and it shall be his duty, to attend the meetings of the said council, at the annual organization thereof for the election of the president and the secretary and such other officers as, by law and by borough ordinances, are required to be elected at that time; and shall have no voice unless the council shall be equally divided, in which erent he shall cast the deciding vote for all such offi Deciding vote. cers. After such officers, required by law and the bor ough ordinances, are elected, the president-elect shall assume the duties of his office, and shall preside over

the meetings of said council, and when absent his
place shall be filled by a president pro tempore.

APPROVED-The 18th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

Washington county.

Repeal.

No. 157.

AN ACT

To repeal an act, entitled "An act authorizing one justice of the peace of Canton township, in the county of Washington, to hold his office in the borough of Washington," approved the first day of March, Anno Domini one thousand eight hundred and seventy.

Section 1. Be it enacted, &c., That the act of Assembly, approved the first day of March, Anno Domini one thousand eight hundred and seventy, entitled "An act authorizing one justice of the peace of Canton township, in the county of Washington, to hold his office in the borough of Washington," be and the same is hereby repealed.

APPROVED-The 18th day of April, A. D. 1905.
SAML W. PENNYPACKER.

Annexation of a city, borough, township, etc.

No. 158.

AN ACT

To amend section one of an act, entitled "An act for the annexation of any city, borough, township, or part of a township, to a contiguous city, and providing for the indebtedness of the same,' approved the twenty-eighth day of April, Anno Domini one thousand nine hundred and three, providing for percentage of petitioners.

Section 1. Be it enacted, &c., That section one of an act, entitled "An act for the annexation of any city, borough, township, or part of a township, to a contiguous city, and providing for the indebtedness of the same," approved the twenty-eighth day of April, Anno Domini one thousand nine hundred and three, which reads as follows:

"Section 1. Be it enacted, &c., That any city, borough, township, or part of a township, may become annexed to any contiguous city in the same county, in the following manner, namely:

"There shall be presented to the court of quarter sessions of the county a petition, signed by at least twenty per centum of the qualified voters, as shown by the registry lists for the last preceding general

election of the city, borough, township, or part of a township, desiring annexation to a city under this act; and in case such petition is for the annexation of a part of a township, there shall be a plan attached showing such portion, and the petition shall only be signed by qualified voters as above defined, and residing in such portion. The petition shall be subscribed by the petitioners within three months immediately preceding the presentation thereof to the court, and shall be verified by affidavit of one or more of the petitioners," be amended so as to read as follows:

Section 1. Be it enacted, &c., That any city, bor- Annexation. ough, township, or part of a township, may become annexed to any contiguous city in the same county, in the following manner, namely:

per centum of

voters.

There shall be presented to the court of quarter ses- Procedure. sions of the county a petition, signed by at least five Petition of five per centum of the qualified voters, as shown by the registry lists for the last preceding general election of the city, borough, township, or part of a township, desiring annexation to a city under this act; and in case such petition is for the annexation of a part of Fart of township. a township, there shall be a plan attached showing such portion, and the petition shall only be signed by qualified voters as above defined, and residing in such portion. The petition shall be subscribed by the petitioners within three months immediately preceding Time of signing the presentation thereof to the court, and shall be verified by affidavit of one or more of the petitioners.

APPROVED-The 19th day of April, A. D. 1905.
SAML. W. PENNYPACKER.

petition.

No. 159.

AN ACT

Relating to automobiles, or motor-vehicles; regulating the speed limit upon the streets and public highways of this Commonwealth; providing for the licensing of the operators thereof by the State Highway Department, and fixing the amount of said license; regulating the service of process and of proceedings of actions in damages arising therefrom; and prescribing the penalties for the violations of the provisions of the same.

motor-vehicles.

Section 1. Be it enacted, &c., That no motor-vehicle, Automobiles or whether propelled by steam, gas or electricity, shall be operated or driven upon any public street or public highway in any city, borough, county or township in this Commonwealth until the operator thereof shall have procured a license from the State Highway Department of this Commonwealth, as hereinafter pro

Applications for license.

Registry.

License.

Tags.

Fee.

Section 2. Every applicant for a license shall set forth, in writing, verified by oath or affirmation, the name and residence of the applicant. No license shall be issued to any person who is under eighteen years of age.

Section 3. It shall be the duty of the State Highway Department to enter every such application in a book to be kept for that purpose, and, if all the requirements of section two of this act have been complied with, to issue a license to the applicant, and to furnish therewith two tags, containing the license number, not less than five inches in height, and the number of the year; for such license the applicant shall pay the sum of three dollars, which sum shall be appropriated to the use of the said State Highway Department.

Section 4. Every such license issued shall contain the name of the licensee, the date of license, and the number of the license under which the said vehicle is licensed, together with the number of the book and page in which the same is entered. The license shall Posting of license. not be effective until the license number is posted in a conspicuous place, both in back and front of the said vehicle. Not more than one State license number shall be carried upon the front and back of the said vehicle while operated or used on any of the public streets or public highways, as aforesaid; and a license number obtained in any other place or State shall be removed from said vehicle while the vehicle is being used within this Commonwealth.

Posting of numbers.

Section 5. No person or persons shall be allowed to use, operate or drive any motor-vehicle, as aforesaid, upon any of the public streets or public highways of the cities, boroughs, counties or townships of this Commonwealth at a speed greater than a mile in six minutes, within the corporate limits of any of the In cities and bor- cities and boroughs thereof; outside of the corporate

Limit of speed.

oughs.

Proviso.

In first class townships.

Signs.

Proviso.

limits of any city or borough, as aforesaid, the lawful rate of speed shall not exceed one mile in three minutes: Provided, That in townships of the first class the commissioners thereof may, by ordinance, fix a speed rate of not less than one mile in six minutes, in such sections of said township as they may deem such rate necessary for public safety: Provided, however, In the sections where such speed limit is fixed, the commissioners shall cause signs to be placed, at distances of not over one-half mile apart, which signs shall be readable from the highways, and shall set forth the speed limit and the penalty for the violation thereof: Provided further, That this section shall not permit any person or persons to drive an automobile at a greater speed than is reasonable, regard

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