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Appointment of viewers.

Assessment by viewers.

Proviso.

Compensation of viewers.

Report of viewers.

Public notice.

Advertisement.

Hearing.

Stated meeting of board.

tricts the assessment in each district may be by differ-
ent methods.
Section 4. In all cases where the second method of
assessment is adopted, that is an assessment accord-
ing to benefits, the board of township commissioners
shall appoint three disinterested citizens, residing any-
where in the Commonwealth, as viewers, neither of
whom shall be a resident of that portion of the town-
ship which is accommodated by the sewers in ques-
tion. The said viewers or a majority of them, having
been sworn or affirmed to perform their duties with
fidelity and impartiality, shall assess upon each and
every piece of land located within the sewer district,
which in the opinion of said viewers is benefited by
the construction of said sewer or sewer system,
whether abutting on a sewer or not, such amount as
in the judgment of the viewers represents the benefit
accruing to such lot: Provided, That the aggregate of
the assessments in any sewer district shall not exceed
the amount charged to said district for its share of
the cost of sewer construction, ascertained as provided
in section two. The ordinance or resolution appoint-
ing said viewers shall specify the compensation to be
received by them for their services, which, with the
expenses incident to their proceedings and their re-
port, shall be paid from the funds of the township.
Section 5. The said viewers or a majority of them
shall make report, in writing, specifying the amount
assessed by them on each lot or parcel of land, and
shall file the same with the town clerk within such
times as the ordinance appointing the viewers shall
have directed. After the report is filed, the said
viewers shall cause public notice thereof to be given
by publication for two weeks in two newspapers pub-
lished in the township, or, if there be not two newspa-
pers so published, then in such other manner as to the
viewers may seem proper; and such advertisement
shall state a time, not less than fifteen days after the
filing of the report, and a place where the said viewers
will meet and exhibit their report, and hear all ex-
ceptions and objections thereto on behalf of any prop-
erty owners or by representatives of the townships.
And after the hearing of said objections, the said
viewers shall make whatever changes they may deem
proper in their report. When such revision is made,
and the report is made complete and absolute, it shall
then be presented to a stated meeting of the board of
commissioners. who shall by ordinance confirm the
same, or may in their discretion refer the same back
to the viewers for further correction, or may set the
same entirely aside and appoint new viewers.
Section 6. As soon as the amounts of the assess-
ments charged upon the several properties are finally
established, either by ordinance making assessments
according to frontage or by a report of viewers mak-
ing assessments according to benefits, the commission-
ers shall cause a schedule of such assessments, specify-
ing in each instance the name of the owner, the size
and location of the property and the amount of the
assessment, to be delivered to the township treasurer;
and said charges shall be payable to the treasurer, for
the use of the township; and the commissioners shall
also cause bills to be made out for the amounts
charged against various properties, which shall be
payable to the township treasurer, and the bills shall
be forth with sent to all property owners, respectively,
residing in the township, and mailed to those residing
elsewhere, whose address is known; and notice shall
also be given by publication, in such manner as the
commissioners may direct.
At the expiration of thirty days from the date of
delivery of said schedule to the township treasurer, he
shall certify to the township commissioners all
amount then remaining unpaid, and the commissioners
may file in the court of common pleas for the proper
county a municipal lien against each property, for the
armount with which it stands charged, in the manner
prescribed by existing laws. Notice to this effect shall
be printed on all bills sent out to the property own-
ers, as hereinbefore provided.
Section 7. Proceedings taken under any of the pro-
visions of this act shall not preclude the township
commissioners from also requiring payment of a
monthly or annual rate by persons using the sewers,
as authorized by law; and nothing in this act shall
be construed to prevent the township commissioners
from taking proceedings to cause assessments for
benefits from the construction of sewers, to be made

Schedule of assessments.

Bills.

Service of bills.

Notice.

A mounts unpaid.

Municipal lien.

Monthly or annual rate.

Assessment by

jury.

by a jury appointed by the proper court, in the man

ner prescribed by existing laws; it being intended that the methods provided by this act shall be alternative and not exclusive.

APPROVED–The 23d day of February, A. D. 1905.
SAML. W. PENNY PACKER.

No. 3.
AN ACT

Amending the seventy-fourth section of an act, entitled “An act to consolidate, revise and amend the laws of this Commonwealth relating to penal proceedings and pleadings,” approved the thirty-first day of March, eighteen hundred and sixty, by repealing the proviso thereof which prohibits the

imposing of sentences to expire between the fifteenth day of.

November and the fifteenth of February, of any year. Section 1. Be it enacted, &c., That the seventy

Intent.

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fourth section of the act, approved March thirty-first,
eighteen hundred and sixty, entitled “An act to con-
solidate, revise and amend the laws of this Common-
wealth relating to penal proceedings and pleadings,”
which reads as follows:
“Section 74. Whenever any person shall be sen-
tenced to imprisonment at labor by separate or soli-
tary confinement, for any period not less than one
year, the imprisonment and labor shall be had and
performed in the State Penitentiary for the proper
district: Provided, That nothing in this section con-
tained shall prevent such person from being sentenced
to imprisonment and labor, by separate or solitary
confinement, in the county prisons now or hereafter
authorized by law to receive convicts of a like de-
scription: And provided, also, That no convict shall
be sentenced by any court of this Commonwealth,
to either of the penitentiaries thereof, for any term
which shall capire between the fifteenth of November
and the fifteenth of February of any such year,” be
and the same is hereby amended to read as follows:
Section 74. Whenever any person shall be sentenced
to imprisonment at labor, by separate or solitary con-
finement, for any period not less than one year, the
imprisonment and labor shall be had and performed
in the State penitentiary for the proper district: Pro-
vided, That nothing in this section contained shall
prevent such person from being sentenced to impris.
onment and labor, by separate or solitary confine-
ment, in the county prisons now or hereafter author-
ized by law to receive convicts of a like description.
Section 2. All laws or parts of laws inconsistent
here with be and the same are hereby repealed.

APPROVED–The 28th day of February, A. D. 1905.
SAM L. W. PENNYPACKER.

No. 4.
AN ACT

Authorizing appeals to Orphans' Courts from decisions of registers of wills, granting issues derisan: it rel mom in cases of contested Wills.

Section 1. Be it enacted, &c., That an appeal shall lie to the orphans' court of each county of the Commonwealth from all decisions, rendered from and after the passage of this act, by the register of wills for said county, granting an issue derisarit rel mon in a contest concerning the validity of a will. Said appeals shall be taken and perfected within the time, and shall be heard and determined in the way and manner, in which the appeals are now taken and heard

from decisions of such register allowing probate of

will.

Section 2. All acts or parts of acts inconsistent here. Repeal.

with are hereby repealed.

A PPROVED–The 28th day of February, A. D. 1905.
SAML. W. PENNYPACKER.

No. 5.
AN ACT

To quiet the title of real estate, and to enable citizens of the
United States, and corporations chartered under the laws of
this Commonwealth, and authorized to hold real estate there-
in , to hold and convey title to real estate, which has formerly
been held by corporations not authorized by law to hold real
estate in Pennsylvania.
Section 1. Be it enacted, &c., That where any con-
veyances of real estate, in this Commonwealth, have
been made by any foreign corporation or corporations
not having the right to own and hold the same, to any
citizen of the United States, or to any corporation
chartered under the laws of this Commonwealth and
authorized to hold real estate, such citizen or corpora-
tion, grantee as aforesaid, shall hold and may convey
such title and estate indefeasably, as to any right of
escheat in this Commonwealth, by reason of such real
estate having been held by a corporation not author-

ized to hold the same by the laws of this Commonwealth.

APPROVED–The 28th day of February, A. D. 1905.
SAML. W. PENNYPACKER.

No. 6.
AN ACT

Making an appropriation for the payment of the deficiency in the salary of the State Treasurer.

Whereas, By an act approved April twenty-second, one thousand nine hundred and three, the salary of the State Treasurer of Pennsylvania on and after the first Monday of May, one thousand nine hundred and four, was fixed at eight thousand dollars per annum; and

Whereas, The general appropriation act approved May fifteenth, one thousand nine hundred and three, in providing for the salaries and expenses of the several departments, made no provision for the contemplated increase in the salary of the State Treasurer; therefore:

Real estate.

Conveyances of by foreign corporation.

Holding and conveyance of title.

Whereas I.

Whereas II.

Appropriation.

Deficiency in sal

ary of State Treasurer.

Section 5, act of May 25, 1893, cited for amendnuent.

Damages to sheep.

Orders for damages and costs.

Proviso,

Section 1. Be it enacted, &c., That the sum of three thousand two hundred and forty-four dollars and fiftyeight cents be and the same is hereby appropriated, to pay the deficiency in the salary of the State Treasurer from the first Monday of May, Anno Domini one thousand nine hundred and four, to the first day of June, one thousand nine hundred and five.

APPROVED–The 28th day of February, A. D. 1905.
SAML. W. PENNY PACKER.

No. 7.
AN ACT

To amend the fifth section of an act, entitled “An act for the
taxation of dogs and the protection of sheep,” approved the
twenty-fifth day of May, Anno Domini one thousand eight
hundred and ninety-three, by requiring proof of the burial
of the carcasses of sheep killed by dogs.
Section 1. Be it enacted, &c., That section five of
said act, which reads as follows:
“Section 5. That upon the commissioners of the
county and councilmen of cities receiving such report,
if it shall appear thereby that a certain amount of
damages has been sustained by the claimant, to sheep
by a dog or dogs, they shall immediately draw their
order on the treasurer of such county or city in favor
of the claimant for the amount of loss or damage such
claimant has sustained according to such report, with
necessary and proper costs incurred as aforesaid, to
be paid out of the fund raised or to be raised by taxes
on dogs as hereinbefore provided: Provided further,
That no person shall receive an order for any claim
until he or she has been qualified according to law be-
fore said justice of the peace, magistrate or alder-
man, before whom claim was made, that due diligence
was made to ascertain whose dog or dogs did such
damage,” be and the same is hereby amended to read
as follows:
Section 5. That upon the commissioners of the coun-
ty and councilmen of cities receiving such report, if
it shall appear thereby that a certain amount of dam-
age has been sustained by the claimant to sheep by a
dog or dogs, they shall immediately draw their order
on the treasurer of such county or city, in favor of
the claimant, for the amount of loss or damage such
claimant has sustained, according to such report, with
necessary and proper costs, incurred as aforesaid; to
be paid out of the fund raised or to be raised by taxes
on dogs, as hereinbefore provided: Provided further,
That no person shall receive an order for any claim
until he or she has been qualified, according to law,

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