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Appointment of viewers.

Assessment by viewers.

Proviso.

Compensation of viewers.

tricts the assessment in each district may be by different methods.

Section 4. In all cases where the second method of assessment is adopted, that is an assessment according 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 question. 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 appointing said viewers shall specify the compensation to be received by them for their services, which, with the expenses incident to their proceedings and their report, 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 published in the township, or, if there be not two newspapers 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 exceptions and objections thereto on behalf of any property 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 assessments charged upon the several properties are finally

Report of viewers,

Public notice.

Advertisement.

Hearing

Stated meeting of board.

assessments.

established, either by ordinance making assessments according to frontage or by a report of viewers making assessments according to benefits, the commissioners shall cause a schedule of such assessments, specify- Schedule of 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 Bills. charged against various properties, which shall be payable to the township treasurer, and the bills shall Service of biils. 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 Notice. also be given by publication, in such manner as the commissioners may direct.

At the expiration of thirty days from the date of Amounts undelivery 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 Municipal lien. ainount 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 owners, as herein before provided.

Section 7. Proceedings taken under any of the provisions of this act shall not preclude the township commissioners from also requiring payment of a monthly or annual rate by persons using the sewers, Monthly or anas authorized by law; and nothing in this act shall be construed to prevent the township commissioners from taking proceedings to cause assessments for Assessment by benefits from the construction of sewers, to be made by a jury appointed by the proper court, in the manner prescribed by existing laws; it being intended that Intent. the methods provided by this act shall be alternative and not exclusive.

APPROVED— The 23d day of February, A. D. 1905.

SAML. W. PENNYPACKER.

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

ings.

Section 74, act of March 31, 1860, cited for amendment.

fourth section of the act, approved March thirty-first,

eighteen hundred and sixty, entitled "An act to conPenal proceed 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 sentenced to imprisonment at labor by separate or solitary 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 contained 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 description: 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 expire 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 tary confinement 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: Provided, That nothing in this section contained 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 description.

Section 2. All laws or parts of laws inconsistent Repeal.

herewith be and the same are hereby repealed. APPROVED— The 28th day of February, A. D. 1905.

SAML. W. PENNYPACKER.

Sentences to separate or soll

Proviso.

No. 4.

Orphans' court, appeals to.

AN ACT
Authorizing appeals to Orphans' Courts from decisions of regis-

ters of wills, granting issues derisavit vel non in cases of con-
tested 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 derisa vit vel non 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

Issue derisarit tel non.

from decisions of such register allowing probate of will.

Section 2. All acts or parts of acts inconsistent here. Repeal. with are hereby repealed. APPROVED—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- Real estate. veyances of real estate, in this Commonwealth, have Conveyances of been made by any foreign corporation or corporations pration in cornot 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 corporation, 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 authorized to hold the same by the laws of this CommonWealth. APPROVED——The 28th day of February, A. D. 1905.

SAML. W. PENNYPACKER.

Holding and conveyance of title.

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, whereas I.
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 Whereas II. May fifteenth, one thousand nine hundred and three, in providing for the salaries and expenses of the seyeral departments, made no provision for the contemplated increase in the salary of the State Treasurer; therefore:

Appropriation,

Deficiency in salary of State Treasurer.

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. PENNYPACKER.

No. 7.

AN ACT

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

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 before said justice of the peace, magistrate or alderman, 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 county and councilmen of cities receiving such report, if it shall appear thereby that a certain amount of damage 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 herein before provided: Provided further, That no person shall receive an order for any claim until he or she has been qualified, according to law,

Damages to sheep.

Orders for damages and costs.

Proviso

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