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Municipal corporations.

Irregularity in name, style or title of municipality.

Validating ordinances, elections, contracts, etc.

Proviso.

Whereas I.

Whereas II.

No. 15.
AN ACT

Validating ordinances and other transactions of municipal cor-
porations, wherein there has occurred a misnomer, onission,
informality, or irregularity of, or in, the corporate name,
style, and title of such municipality.
Section 1. Be it enacted, &c., That no misnomer,
omission, informality, or irregularity heretofore made
or occurring of or in the name, style or title of any
municipal corporation of the Commonwealth of Penn-
sylvania, in any ordinance, by-law or regulation passed
by the councils thereof, and approved by the mayor or
burgess thereof, for the government of the inhabitants
within the territorial limits comprising the same; or
in elections held therein to incur or increase the in-
debtedness thereof; or in the annexation of territory
thereto or extending the limits thereof, over which
jurisdiction has been and now is exercised by the cor-
porate authorities; or in the issuing of bonds for the
indebtedness thereof; or in deeds or other convey-
ances of lands or hereditaments, to or from the same;
or contracts by or with the same; or in any other ordi-
nance, matter or thing within the lawful powers or
duties thereof, shall invalidate the same; but all such
ordinances, elections, annexations or extensions of ter-
ritory, bonds, deeds, contracts, and all other matters
or things done as aforesaid, are hereby validated and
made good in law, as if done in the proper corporate
name of such municipality: Provided, That the matters
hereinbefore validated shall be otherwise legal; and
that this act shall not affect any suit or suits now pend-

Ing.
APPROVED–The 10th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

No. 16.

AN ACT

Making an appropriation for the payment of the deficiency in
the maintenance and other expenses of the hatcheries of the
Department of Fisheries. -
Whereas, By the General Appropriation act, ap-
proved the fifteenth day of May, Anno Domini one
thousand nine hundred and three, the Department of
Fisheries is authorized to erect two new hatcheries for
the propagation of fish, and an appropriation was
made therefor; and
Whereas, The General Appropriation act, approved
the fifteenth day of May, Anno Domini one thousand
nine hundred and three, in providing for the salaries
and expenses of the several Departments, made no pro-
vision for the maintenance and other expenses of the
two new hatcheries authorized to be established, there-
fore:
Section 1. Be it enacted, &c., That the sum of eight
thousand five hundred and four dollars ($8,504), or so
much thereof as may be necessary, be and the same
is hereby specifically appropriated to the Department
of Fisheries, to pay the deficiency in the maintenance
and general expenses of the hatcheries, from the first
day of November, Anno Domini one thousand nine
hundred and four, to the first day of June, Anno
Domini one thousand nine hundred and five.

APPROVED–The 10th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

No. 17.
AN ACT

Relating to the institution, prosecution and taxation of costs in
criminal cases.
Whereas, Certain practices in the institution, prose.
cution and taxation of costs in criminal cases have
arisen, which may not be contrary to the letter of exist-
ing laws, yet do offend against their spirit, and impose
unjust burdens upon the taxpayers of this Common-
wealth, therefore:
Section 1. Be it enacted, &c., That from and after
the passage of this act, it shall be unlawful for any
person, or officer of any township, ward, borough, city
or county, within this Commonwealth, in instituting
and prosecuting criminal cases, to duplicate any re-
turn, complaint, information, indictment, warrant,
subpoena, or other writ against any person or persons
charged with the commission of any criminal offense
or offenses, committed at one and the same time or
growing out of one and the same transaction, and
when one return, one complaint, one information, one
warrant, one subpoena or one other writ can be legally
made to serve and promote the due administration of
justice.
Section 2. It shall be unlawful, in all criminal prose-
cutions hereafter instituted, to tax costs in and on
more than one return, information, complaint, indict-
ment, warrant, subpoena or other writ, against the
same defendant or defendants, where there has been
a severance or duplication of two or more offenses
which grew out of the same occurrence, or which

Appropriation.

Department of
Fisheries.

Hatcheries.

Whereas.

Criminal cases.

Indictment. warrant, subpoena. etc., not to be duplicated in certain cases.

Taxation of costs. I)uty of public officers.

Repeal.

Townships of the first class.

Petition.

Commissioner.

Enrollment.

Population.

Commissioner's

report.

Advertisement.

Foxceptions to report

might legally have been included in one complaint and in one indictment by the use of different counts.

Section 3. It shall be the duty of all public officers charged with the duty of taxing, and issuing certificates and warrants for the payment of, costs in crimi. nal cases, to see that no costs are taxed and paid in violation of the provisions of the first and second sections of this act.

Section 4. All laws or parts of laws of this Commonwealth inconsistent here with be and the same are hereby repealed.

APPROVED —The 10th day of March, A. D. 1905.
S.AML. W. PENNY PACKER.

No. 18.
AN ACT

To enable townships of the Commonwealth, which have hereto-
fore been declared townships of the first class, and which no
longer have a population such as is required by law, to again
become townships of the second class.
Section 1. Be it enacted, &c., That at any time,
not less than two years before the time fixed for tak-
ing a decennial census of the United States, when-
ever twenty or more freeholders, residing in any of the
townships of the first class, shall present their peti-
tion to the court of quarter sessions of the county,
averring that the said township no longer has a popu-
lation such as is required by law, and shall give such
security as the court may prescribe for the payment
of all costs and expenses which may be incurred in any
proceedings had upon said petition, the said court
shall appoint a competent commissioner to make an
enrollment of the inhabitants of the said township
and to report the said enrollment, with a finding of
the population of the said township, during the next
ensuing term of the said court. Upon the filing of
the report of the said commissioner, the same shall be
confirmed nisi; said confirmation to become absolute
unless excepted to within twenty days thereafter,
during which time notice of the said filing and con-
firmation shall be advertised in a newspaper of said
county, in general circulation in the district to be ef.
fected thereby, once a week for three weeks. If ex-
ceptions are filed to the said report within the said
period, the court, upon consideration thereof, shall
confirm the said report or modify the said finding:
and thereupon the clerk of the court shall certify to
the county commissioners of the county and to the
township commissioners of the said township, the
finding as shown by the said proceedings. The costs

and expenses of the said proceedings, including a
reasonable fee for the said commissioner, shall be paid
by the said petitioners, or by the townships, or partly
by each, as the court shall direct.
Section 2. It shall be the duty of the county com-
missioners in every county of the Commonwealth, by
proclamation to be issued prior to the first day of
January of each year, to designate the townships, if
any, which since the last preceding proclamation have
been ascertained to come within said conditions, and
to be townships of the second class; and in all town-
ships so designated, the officers provided by general
law for townships of the second class shall be chosen
at the township election then next ensuing, and the
township government constituted by general law for
townships of the second class shall go into force on
the first Monday of March, then next ensuing.
APPROVED–The 14th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

No. 19.
AN ACT

To fix the salaries of district attorneys, and providing for the
appointment of assistant district attorneys, in the several
counties of this Commonwealth having over eight hundred
thousand inhabitants; prescribing the powers and duties,
and fixing the salaries of the said assistant district attorneys.
Section 1. Be it enacted, &c., That in all counties
of this Commonwealth having over eight hundred
thousand inhabitants, the annual salary of the district
attorney shall be twelve thousand dollars; and the
district attorneys of said counties shall have authority
to appoint one or more assistants, learned in the law,
not exceeding eight in number, to assist the district
attorney in the discharge of his duties.
Three of the said assistant district attorneys shall
receive salaries of five thousand dollars per annum
each; three of the said assistant district attorneys
shall receive salaries of four thousand dollars per an-
num each, and two of the said assistant district at-
torneys shall receive salaries of three thousand dol-
lars per annum each. In the event of the appoint.
ment of a less number of assistants than eight, the dis-
trict attorney shall have the power to determine in
which class, as to salaries, the appointee or appointees
shall be placed: Provided. That not more than three
shall be in any one such class. Said salaries shall be
paid out of the county treasury.
Section 2. All acts or parts of acts inconsistent
here with be and the same are hereby repealed.

APPROVED–The 14th day of March, A. D. 1905.
SAM L. W. PENNY PACKER.

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Borough of Bristol.

Section 2. act of

February 15, 1851,

cited for amendment.

Certificates of indebtedness, etc.

Burglar's tools, possession of.

No. 20.
AN ACT

To amend an act, entitled “An act to amend the charter of incorporation of the borough of Bristol, granted the fourteenth day of November, Anno Domini one thousand seven hundred and twenty, and the several acts supplementary thereto,” approved the fifteenth day of February, Anno Domini one thousand eight hundred and fifty-one, by striking out the proviso to the tenth section of said act, which limits the amount of the indebtedness of said borough.

Section 1. Be it enacted, &c., That section ten of an act, entitled “An act to amend the charter of incorporation of the borough of Bristol, granted the fourteenth day of November, Anno Domini one thousand seven hundred and twenty, and the several acts supplementary thereto,” approved the fifteenth day of February, Anno Domini one thousand eight hundred and fifty-one, which reads as follows, to wit:

“Section 2. That the burgess and council shall have power to borrow, for the use of said borough, any sum or sums of money which they shall deem necessary, and to issue certificates of indebtedness or other evidences of debt for the sum or sums, amount or amounts, so borrowed, to the persons respectively lending the same, and the said certificate or other evidences of debt, signed by the burgess and by the treasurer, shall be binding and obligatory on the said corporation: Provided, That the whole amount of indebtedness of said borough shall not at any time erceed the sum of ten thousand dollars,” be and the same is hereby amended to read as follows:

Section 2. That the burgess and council shall have power to borrow, for the use of said borough, any sum or sums of monev which they shall deem necessary, and to issue certificates of indebtedness or other evidences of debt for the sum or sums, amount or amounts, so borrowed, to the persons respectively lending the same; and the said certificate or other evi dences of debt, signed by the burgess and by the treas. urer, shall be binding and obligatory on the said cor. poration.

APPROVED–The 14th day of March, A. D. 1905.
SAML. W. PENNYPACKER.

No. 21.
AN ACT

Making it a misdemeanor for persons to have in their possession certain mechanical devices or tools, commonly called burglars' tools, and prescribing the punishment therefor. Section 1. Be it enacted, &c., That if any person shall have in his possession any tool, false-key, lock

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