Interstate shipments to be labeled and certified. Certificate to be prima facie evidence, Treatment of stock and destruction of pest. Notice to owner or agent. Appeal to Secretary of Agriculture. to reject all such stock entering this State without a certificate of fumigation. Section 5. Whenever any trees, shrubs, vines or plants are shipped into the State from some other State, country or province, every package thereof shall be plainly labeled on the outside with the name of the consignor, the name of the consignee, and a certificate showing that the contents have been inspected by a State or government officer, and that the trees, vines, shrubs or plants, excepting conifers and herbaceous plants, therein contained, are properly fumigated and appear free from all dangerously destructive insects and diseases. When nursery stock is shipped into this State, accompanied by a certificate as herein provided, it shall be held to be prima facie evidence of the facts therein stated; but the Secretary of Agriculture, by himself or his assistants, when they have reason to believe that any such stock is infested with dangerous insects or diseases, shall be authorized to inspect the same, and subject it to like treatment as provided in sections six and seven of this act. Section 6. If, after examination, or upon information given in writing to the Secretary of Agriculture, it is found that any nursery stock, trees or shrubs, either in a nursery or elsewhere, or sent forth to deliver in this State, are found to be infested with San José Scale, or other destructive insects or diseases, it shall be the duty of the Secretary of Agriculture, by himself or his duly authorized representative or agent, to take means to control, prevent the spread of, or secure the extermination of, such insects or diseases, and shall have power to enter upon the premises and order the examination and treatment, or destruction, of such dangerously injurious insects or diseases, or the nursery stock or trees and shrubs infested therewith, giving written notice to the owner or person in charge of the premises or nursery stock so infested. Such notice shall contain a brief statement of the facts found to exist, and descriptions of methods whereby it is deemed necessary to treat or destroy said trees, shrubs, vines or plants, and shall call attention to the law under which it is proposed to treat or destroy In case of objection to the findings of the inspector or agent of the Secretary of Agriculture, an appeal shall be made to the said Secretary of Agricul ture, whose decision shall be final. An appeal must be taken within six days from the service of said notice, and shall act as a stay of proceedings until it is heard and decided. Section 7. When the Secretary of Agriculture, or the persons or person appointed by him, shall finally determine, in accordance with the provisions of this act, that any trees, shrubs, vines, or other plants, must lect. be treated or destroyed, he shall notify in writing the owner or the person in charge of said infested stock, trees, vines or shrubs, and shall direct him, within a time and in a manner prescribed in such notice, to treat or destroy such infested property. If the per- Refusal or negson so notified shall refuse or neglect to treat, destroy or disinfect said trees, vines, or shrubs, in the manner and within the time prescribed in the said notice, the Secretary of Agriculture shall cause such property to be so treated, and may employ all necessary assistants for that purpose; and such person or persons, agent or agents, employe or employes, may enter on all premises in any township, borough or city, necessary for the purpose of such treatment, removal or de- Treatment. struction, and he shall certify to the owner or person in charge of the premises the amount of the cost of said treatment, removal or destruction, and if not paid to him within sixty days thereafter, the same may be recovered, together with the costs of action. Recovery of costs. Section 8. Any person violating the provisions of Violation of act. this act, or offering any hindrance to the carrying out of this act, shall be adjudged guilty of a misdemeanor, Misdemeanor. and, upon conviction before a magistrate or justice of the peace, shall be fined not less than ten dollars and Fine. not more than one hundred dollars for each and every offense, together with all the costs of the prosecution, and shall stand committed until the same is paid. All necessary expenses, under the provisions of this act, Expenses. shall, after approval in writing by the Secretary of Agriculture and Auditor General, be paid by the State Treasurer upon warrant of the Auditor General, in the manner now provided by law: Provided, That not more than thirty thousand dollars shall be so expended, for this purpose, in any one year. Section 9: All penalties and costs recovered for the violation of any of the provisions of this act shall be paid to the Secretary of Agriculture, or his agent, and by him immediately covered into the State Treasury, to be kept as a fund for the use of the Department of Agriculture in the enforcement of this act, and may be drawn out upon vouchers signed by the Secretary of Agriculture and approved by the Auditor General, and shall not merge with the general fund at the close of any fiscal year. Section 10. The provisions of this act shall not ap ply to florists' greenhouse plants and flowers, known as greenhouse stock, of varieties not attacked by San José Scale or other injurious insects or diseases; nor shall they apply to ornamental trees and shrubs, of varieties not liable to infestation with San José Scale, and liable to injury by fumigation. Proviso. Penalties and costs recovered. Section 11. All acts or parts of acts inconsistent Repeal., with the provisons of ths act be and the same are hereby repealed. APPROVED-The 31st day of March, A. D. 1905. SAML. W. PENNYPACKER. Cities of the first class. Footways, where property is assessed at suburban rates. Petition. Notice. In case of refusal or neglect. Bureau of Highways. Claim, Lien. Repairs. Refusal to petltion. No. 61. AN ACT To authorize the paving of footways, in cities of the first class, where property is assessed at suburban rates. Secton 1. Be it enacted, &c., That when a majority of the property owners, or the owners of a majority of the feet frontage, on any one or both sides of any street, road or lane, between any two intersecting streets, and used as a public highway, in cities of the first class, where property is assessed at suburban rates, shall petition the councils of said city for a paved footway along the same, councils shall, when such petition is received, direct the Department of Public Works, Bureau of Highways, of said city, to notify the owners of property on said street, or such parts thereof as may have been included in the petition, to have such footway paved in front of their respective premises, within thirty (30) days after receiv ing said notice. Section 2. That should any of the property owners refuse or neglect to make said pavement, for thirty days after notice has been given, the Department of Public Works, Bureau of Highways, shall proceed, without delay, to have it made, and charge the cost thereof to the property in front of which it is made; and if said cost is not paid within thirty days after a bill for the same has been presented, a claim shall be filed in the proper court, for the amount thereof; which claim shall be a lien against the property, and shall be collected in the same manner as other mu nicipal claims are now by law collected. Section 3. That when said pavement requires repairing, and the owner or owners of property in front of which the repairs are needed neglect or refuse, after ten days' notice, to make such repairs, it shall be the duty of the Department of Public Works, Bureau of Highways, to have them made without delay, and the costs thereof shall be collected in the same manner as the cost is ordered to be collected by the second section of this act. Section 4. That, should a majority of the owners of property, or the owners of a majority of the feetfrontage upon any of the said streets, where property is assessed at suburban rates, and upon which public cils. lamps or lights have been erected, refuse to petition councils for a paved footway, it will be competent for the Department of Public Works, Bureau of Highways, to call the attention of councils to the necessity Action by counfor a paved footway; and thereupon councils shall direct the Department of Public Works, Bureau of Highways, to notify the said owners to pave the footway, as is provided in section one of this act, the cost thereof to be collected as provided for in section two of this act. Section 5. That nothing in this act shall prevent APPROVED-The 31st day of March, A. D. 1905. When streets are opened and No. 62. AN ACT To provide for notice in the recovery of posession of premises by a landlord, in all cases where the tenant holds for a term less than one year, either by license or lease for an indeterminate time. Real Estate Tenants for less than year, by minate time. month, or indeter Section 1. Be it enacted, &c., That from and after the passage of this act, in all cases where a tenant shall hold possession of real estate within this Commonwealth, either by license or lease, whether oral or written, for any time less than one year, or by the month, or for an indeterminate time; and the immediate landlord or owner of such real estate shall desire to regain possession thereof from such tenant or occupant, he shall serve upon the tenant or an adult member of his family a notice, in writing, demanding Notice. therein that he requires such tenant or occupant to deliver to him the possession of the premises, so held, within thirty days from the date of service thereof: Provided, That this act shall not be construed as au- Proviso. thorizing the dispossession of a tenant before the expiration of his or her license or lease. Section 2. That in all cases of procedure to obtain possession, before a magistrate, alderman or justice of the peace, in pursuance of existing laws, the proof that such notice was duly served, as aforesaid, shall be deemed and taken sufficient, where the term is for less than one year, or for time indeterminate; and the Procedure. Jurisdiction. Repeal, magistrate, alderman or justice of the peace shall have jurisdiction to hear and determine the cause accordingly. Section 3. All acts or parts of acts in conflict herewith be and the same are hereby repealed, in so far as they conflict with this act. APPROVED-The 31st day of March, A. D. 1905. Authorizing John the Common wealth. No. 63. AN ACT Authorizing John T. Stauffer, a citizen of Philadelphia county, Pennsylvania, to bring suit in the court of common pleas of Philadelphia county against the Commonwealth of Pennsylvania. Section 1. Be it enacted, &c., That the General AsT. Stauffer to sue sembly of the Commonwealth of Pennsylvania, by virtue of the power vested in it by section eleven of article first of the Constitution of Pennsylvania, does hereby authorize and allow John T. Stauffer, a citizen of Philadelphia county, Pennsylvania, to bring suit, either in law or equity, in the courts of common pleas of Philadelphia county, against the said Commonwealth of Pennsylvania, to recover any sum or sums of money that may be legally or justly due the said John T. Stauffer by the said Commonwealth of Pennsylvania. Said suit or suits to be subject to the same rules of pleading, evidence and appeal as other suits brought in said court are subject. The original and all other process required to be issued in such suit to be served upon the Attorney General of the Commonwealth. APPROVED-The 31st day of March, A. D. 1905. Salary. No. 64. AN ACT Fixing the salary of the Deputy Commissioner of Banking. Section 1. Be it enacted, &c., That the salary of the Deputy Commissioner of Banking shall be three thousand dollars per annum. APPROVED-The 31st day of March, A. D. 1905. SAML. W. PENNYPACKER. |